Grammy® Live: Gig of a Lifetime Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. CONTEST IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE, AT DATE OF ENTRY. VOID IN PUERTO RICO, ALL US TERRORTORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
Administrator, Sponsor & Prize Provider: CBS Interactive Inc. ("CBSI
"), 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
Contest Entities: CBSI; CBS Broadcasting Inc. ("CBS
"), 51 West 52nd Street, New York, NY 10019; The National Academy of Recording Arts & Sciences, Inc. (the "Recording Academy
"), 3402 Pico Blvd Santa Monica, CA 90405; Stuzio Inc and Microsoft Corporation, One Microsoft Way Redmond, WA, 98052.
THIS CONTEST IS NOT SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK, YOUTUBE, VEVO OR VIMEO IN ANY WAY.
Each Participant (as defined below) entering the "Grammy Live: Gig of a Lifetime
" contest (the "Contest
") will nominate himself/herself and the music band he/she is a part of (the "Band
"), such Band cannot have more than four (4) members, for the opportunity to perform in a 2013 Grammy Live event and if selected by Microsoft, to appear on a Microsoft TV commercial/advertising. Participants must upload or have uploaded an audio-visual recording (the "Video(s)
") featuring Participant's Band performing an original song on YouTube, Vevo and/or Vimeo websites (the "Video Sites
"). Participants then needs to go to the CBSI website accessible at www.facebook.com/cbs
(the "CBSI Service
") and upload a 'url link' to the Video, on the Contest application (the "App
") found on the CBSI Service. See details in Section 6 below on the Video requirements. All eligible Videos entered in the Contest will be accessible via the CBSI Service for the general public to vote on their favorite Video based on the criteria specified below.
1. Acceptance of Official Rules. By entering the Contest operated on the CBSI Service, you Band member ("you
") hereby accept and agree to these official rules (the "Official Rules
") of this Contest, and the decisions of the Administrator in connection with this Contest, whose decisions are final.
2. Eligibility. This Contest is offered and open to persons who are: (a) legal residents of one (1) of the United States, (b) who are at least 18 years old or age of majority, whichever is older in their state of residence, at the date of entry into this Contest, and are members of a Band. Employees, independent contractors and directors, and their immediate family members, of the Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies and legal and financial advisors are not eligible to participate in this Contest. For purpose of the foregoing, "immediate family
" mean parents, spouses, children, siblings or any members of the same households of such employees and directors. This Contest is void in Puerto Rico, all US Territories and Possessions, and where prohibited by law.
BY PARTICIPATING IN THIS CONTEST, YOU AGREE THAT THE CONTEST ENTITIES OR THE ADMINISTRATOR MAY, AT THEIR OPTION, CONDUCT A BACKGROUND CHECK CONCERNING YOU AND YOUR BANDMATES, AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE ADMINISTRATOR AND CONTEST ENTETIES RESERVE THE RIGHT TO DISQUALIFY ANY PARTICIPANT AND/OR NOMINATED BAND ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED PARTICIPANTS AND/OR NOMINATED BAND WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.
3. Promotion Period. The Contest begins on December 5, 2012 at 12:00:00 p.m. Pacific Time ("PT
") and ends at 11:59:00 a.m. PT on January 24, 2013 (end date is subject to scheduling changes) (the "Promotion Period
"). The Promotion Period is divided into two (2) separate phases, the Contest entry period (the "Entry Period
") and the Contest judging and voting period (the "Voting Period
"). The Voting Period will be divided into two (2) separate phases, during the first phase the public and judges will vote to choose the top Videos from among all eligible Videos received (the "Open Voting Period
"); during the second phase the public and judges will vote to help choose the winning Video from amongst the Contest Finalists (as defined below) (the "Finalists Voting Period
"). Participants will enter the Contest and be judged on the basis of the criteria expressed below and by the regional area of the US where they reside. The Schedule of Entry Period and Voting Periods are as follows:
The Entry Period begins at 12:00:00 p.m. PT on December 5, 2012 and ends at 11:59:00 a.m. PT on January 10, 2013.
The Open Voting Period begins at 12:00:01 pm PT on January 10, 2013 and ends at 11:59:59 a.m. PT on January 17, 2013.
The Finalists Voting Period begins at 12:00:01 pm PT on January 17, 2013 and ends at 11:59:00 a.m. PT on January 24, 2013.
4. How to Enter: During the Entry Period, Participants may nominate themselves and their Band for the opportunity to participate live at a Grammy Live event in February 2013 and if selected by Microsoft, to appear on a Microsoft TV commercial/advertising. In order to nominate their Band, Participants must access the App on the CBSI Service and follow the Contest entry instructions, including, but not limited to, entering Participant's name and other personal information requested (may include information about the Band), selecting the region of the U.S. from where the Band originates and submitting a url link that connects to the Band's Video.
Participants, by uploading the Video url link to the App on the CBSI Service, you give the Contest Entities a perpetual, worldwide, royalty free license to publish the Video url on the CBSI Service and/or any websites and digital platforms owned or operated by the Contest Entities, with no compensation to you other than bragging rights and getting the Video published on the CBSI Service. Administrator and Contest Entities reserve the right to reproduce the Videos in full or edit and enhance the Videos at their discretion. Administrator and Contest Entities are hereby authorized by you to use the Videos as they see fit, including usage in advertising. Videos' url links uploaded to the App will not be returned to Participants. Administrator will not be responsible for lost, stolen or misplaced entries.
5. Voting/Judging Criteria: During the Open Voting Period all eligible Videos received will be presented to the general public divided by the region of the U.S. from which the Band comes from. The public at large will be asked to evaluate (judge) the Videos based on the following criteria: the Band's performance (50 points); stage presence (30 points) and overall look of the Band (20 points). The public and the Judges (as defined below) will then vote, during the Open Voting Period, for the Band that in their opinion accumulates the most points following the criteria above. (For the purpose of clarity, the general public may vote in as many regions as they want.) The Band that receives the highest number of votes per geographic region presented in the Contest will become a finalist in the Contest ("Contest Finalist(s)
"). Contest Finalists move on to the Finalists Voting Period. During the Finalists Voting Period, the Videos from the Contest Finalists will be posted on the App identified as the Contest Finalists for the public at large and the Judges to vote on, following the same criteria expressed above. A judging panel, composed of employees of the Contest Entities (the "Judges
") (for the purpose of clarity there will be four (4) Judges from the Contest Entities, the public will act as the fifth (5th) judge) will evaluate and vote on the Contest Videos (including Finalists' Videos) on the basis of the criteria above. The Contest Finalist that receives the most votes, from the public and Judges by the end of the Finalists Voting Period will be considered the winner ("Winner
Videos submitted after the Entry Period deadline will not be entered into the Contest and will not be eligible for publication on the CBSI Service. Multiple nominations for the same Band will not increase their chances of winning.
6. Videos Requirements: Video(s) cannot be longer than 5 minutes and no less than thirty 30 seconds, in duration. Video(s) file(s) cannot exceed one (1) Gigabyte in size. The Video must be an original creation of the Participant/Band submitting the video and only show the Band performing. Any entry that does not meet the entry criteria described herein may be disqualified in Administrator's sole discretion. The Video entry must be in English and must not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities, promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Contest Entities in their sole discretion). Additionally, the Video must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; ii) contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); and iii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, copyrights, trade names or trade dress. The determination of whether a Video violates any of the above prohibitions shall be within the Administrator's sole discretion. If a Video is deemed by the Administrator to violate any such prohibition(s), the Video may in the discretion of the Administrator be disqualified, removed from the CBSI Service and the Participant shall not be eligible to participate in the Contest and/or win the Grand Prize (as defined below). Administrator reserve the right to take down any Video at any time during or after the Promotion Period and for any or no reason at all in Administrator's sole discretion.
Further, each Promotion Video:
1. must be suitable for presentation in a public forum, in the sole determination of the Contest Entities;
2. must be delivered by uploading the url link connecting to the Video, to the CBSI Service;
3. must not include any person other than the Participant, unless Participants has written permission from any and all third parties appearing on the Video (Contest Entities, at their sole discretion, will decide the sufficiency of any permission presented);
4. must not include non-original lyrics, music, sound recordings, video works, audio-visual works or any third party creative element without permission of such third party; and
5. must satisfy all eligibility requirements set forth herein.
7. Grand Prize: The Contest will award one (1) grand prize (the "Prize
") that consists of a 5-day/4-night trip to Los Angeles, California (or the city from which the 2013 Grammy Award Show is broadcasted) for the Band (up to 4 members, each a Prize Winner) to perform live at a Grammy Live event ("Grammy Event Experience
") and the opportunity to appear in a Microsoft TV commercial/advertising (to be taped during the trip) to take place on or about the week of February 4, 2013, and one (1) Surface tablet (with an approximate retail value of Four Hundred Ninety-Nine Dollars (US$499.00) each) for each of the Band members (four (4) in total). Trip includes up to four (4) round-trip coach airline tickets for the Winners to Los Angeles, California from a single major U.S. gateway airport nearest Winner's home (as determined by Sponsor), double occupancy standard hotel accommodations for four (4) nights and ground transfers in Los Angeles from hotel to Grammy Event (including equipment transportation) and Five Hundred Dollars (US$500.00) spending cash. Approximate retail value of the Prize is Sixteen Thousand Nine Hundred Ninety-Six Dollars (US$16,996.00).
Prize Restrictions. Trip is subject to Sponsor's production schedules. If a production is canceled, rescheduled (or, if for any reason, Sponsor is unable to provide the Grammy Event Experience or if the Winners cannot take the trip to be in Los Angeles on a date specified by the Sponsor, the Sponsor shall have no further obligation to the Winners other than to supply the trip to Los Angeles as described, minus the Grammy Event Experience and transfers, no compensation or substitution will be provided for difference in Prize value. All other expenses relating to acceptance of the Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of Winners. Certain travel restrictions may apply. Actual value may vary based on departure city and dates of travel. Specifics of Prize travel package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of Prize trip will be furnished with Prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Winners must travel on the same itinerary and are responsible for obtaining all required travel documents. If Winners reside within a 100 mile radius of Los Angeles, ground transportation may be provided for Winner in lieu of air transportation and no compensation or substitution will be provided for difference in Prize value. Winners are required to have reached the age of majority in his/her state of residence and each will be required to execute and return a liability/publicity release prior to ticketing. Prize is nontransferable. All taxes, including but not limited to federal, state, local, income and other taxes are the sole responsibility of the Prize Winners. No assignment, transfer or substitution of the Prize is permitted, except that Sponsor reserves the right to substitute the Prize with a prize of comparable or greater value. Prize is solely for personal use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Winners. Prizes' details are at the sole discretion of the Contest Entities.
8. Prize Taxes. All federal, state, local and other tax liabilities arising from this Contest, including, without limitation, winning the Prize, will be the sole responsibility of the Winner. The Winner will be issued an IRS 1099 tax form for the value of their Prize.
9. Winner Notification: The Winners will be notified at the end of the Promotion Period. In the event that there are, in the opinion of the Administrator, insufficient legitimate entries to post for the public to vote on, Administrator reserves the right to select a Prize Winner from among all entries received. The potential Winner will be notified by email and/or by phone. If the potential Winner cannot be reached after a reasonable effort has been made during three (3) business days from the first notification attempt, such person may be disqualified at the discretion of the Administrator, with alternate Winners selected in accordance with these Official Rules.
10. Affidavit of Eligibility/Liability Release and Publicity Release. In order to receive the Prize, the potential Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms
") within three (3) days of notification of winning. Failure to properly execute and return Release Forms in a timely manner, or if the Prize notification or the Prize is returned as non-deliverable, or if the Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules. In addition, , Winner acknowledges and agrees to participate (and execute standard talent contracts/releases) if required, at Contest Entities sole and exclusive discretion, on a Microsoft TV commercial to be taped during the trip described above and aired during the broadcast of the 2013 Grammy Award Show. The details of the taping of the TV commercial are to be furnished upon Winner's arrival in Los Angeles.
11. Publicity Release Terms. Except where prohibited by law, the Winners' acceptance of the Prize constitutes permission for the Contest Entities to use the Winners' name, video, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation solely in connection with the Contest and identifying the Winner.
12. Improper Conduct. Administrator, in its sole discretion, may disqualify any entrant from participation in or use of any or all portions of this Contest, and refuse to award the Prize, if entrant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other entrants of the Contest. Such improper conduct includes, without limitation, falsifying personal information required during entrant registration or the Prize claim, violating any term or condition stated herein, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use entrant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Entrants agree that Administrator may void any part of a Prize that entrant may have won and/or require the return of any part of a Prize that entrant may have won as a result of such improper conduct. Entrant further acknowledges that any forfeiture of the a Prize and/or return of the any part of a Prize shall in no way prevent Contest Entities from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Integrity of Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion, believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Prize Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
14. Lost or Corrupted Entries. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail, if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities, and their parents, affiliated and subsidiary companies, advertising, marketing and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
15. Damaged Property. Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
16. Contest Errors. The Contest Entities, and their parents, affiliated and subsidiary companies and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising, marketing or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
17. Prize and Winner. The Contest Entities, and their parents, affiliated and subsidiary companies, dealers and advertising, marketing and promotion agencies, assume no liability and are not responsible for, and you/entrant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of the Prize and/or any injury or damage to any entrant's or third party's person (including death) or property related to or resulting from any part of the Prize or any part of this Contest.
18. Release and Indemnity. Each entrant in this Contest, including, without limitation, the Winner, hereby releases and agrees to hold harmless the Contest Entities and their parents, affiliates, subsidiaries, dealers, advertising, marketing and promotion agencies and their respective directors, officers, employees, representatives, agents and assigns from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, participation in this Contest and participation in any activity related to this Contest.
19. Limitation of Liability. IN NO EVENT WILL THE CONTEST ENTITIES, THEIR PARENTS, AFFILIATES, SUBSIDIARIES, DEALERS AND RELATED COMPANIES, THEIR ADVERTISING, MARKETING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE CONTEST, INCLUDING WITHOUT LIMITATION YOUR ACCESS TO AND USE OF THE CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
20. Disclaimer of Warranties. THE CONTEST & PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
21. Identity Disputes. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
22. Binding Arbitration. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, in the City of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
23. Governing Law and Jurisdiction. This promotion is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 22 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York, County of New York.
25. Winner List/Official Rules: For the name of the Winner, send a self-addressed stamped envelope for receipt by January 31, 2013 to Grammy Live: Gig of a Lifetime Contest
c/o CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309. For Official Rules send a self-addressed stamped envelope to the above address marked "Official Rules: Grammy Live: Gig of a Lifetime Contest
- Rules for receipt by January 24, 2013. Residents from VT may omit postage on the self-address envelope requesting a copy of the Official Rules. The name of the Prize Winner may, and Official Rules will, be posted on the CBSI Service.