Pack Night Opening Act Performance Agreement Contest Rules
CONTEST OFFICIAL RULES (“Rules”). The Sponsor of this contest (“Contest”) is Swisher International, Inc. (“Swisher” or “Company”).
- Basic Overview of Contest: You (“Artist”) are eligible for this Contest because you have contracted with Swisher as an emerging artist to perform at one of Swisher’s 2017 Pack Night events. At the Pack Night event, you will compete against two other emerging artists. One winner from each Pack Night will win the Prize, which is the opportunity to perform at Swisher’s Year End Event in New Orleans on December 29, 2017 (as further defined and explained below).
- Additional Eligibility Requirements: To be eligible to participate in the Contest you shall:
(i) agree to all of the Rules of the Contest and any other related terms and conditions required by Company;
(ii) not have any contractual relationships which could interfere with or prohibit Artist from entering and fully participating in the Contest (Company retains the right to determine in its sole discretion if an existing agreement represents a conflict);
(iii) provide all song ownership information requested by Company for the fully edited, mixed and mastered audio file of the sound recording featuring your vocal performance (“Contest Song”), showing that Artist has the right to submit the Artist’s performance of the Contest Song to Company for the purposes of this Contest and perform the song at the Pack Night, and that Company has the right to use the Artist’s performance of the Contest Song is all ways contemplated herein, including without limitation that Company may film, photograph or otherwise record the Pack Night performance to be used to promote the Company and the Contest in Company’s sole discretion (“Contest Video”);
(iv) be willing to have Artist’s Contest Video and Contest Song posted on Company’s website at artistprojectevents.com (“Website”) or otherwise distributed in connection with, or to promote, the Contest and/or Website, and/or for any other commercial or other purpose as determined by Company;
(v) submit the Contest Song to Company in a Mp3 file format;
(vi) be a solo performing artist that is at least twenty-one (21) years of age;
(vii) not have been convicted of, or currently charged with, a felony or crime of moral turpitude, as determined by Company in its sole discretion;
(viii) execute and return to Company any release of liability required by Company prior to acceptance of the Prize (as defined below); and
(ix) agree to not engage in any public promotion of any tobacco products that are not Company branded products for the period beginning on the date Artist executes the Emerging Artist Performance Agreement with Company and extending through December 31, 2017.
- Contest Details: Artist will perform the Contest Song at the Pack Night in competition with other artists (each a “Contestant”) performing their respective contest songs. The Contestant who receives the most Votes during the Voting Period based on the Contest Song and Contest Video, as applicable, will have the opportunity to perform at the Swisher Year End Event in New Orleans, LA on December 29, 2017 (the “Final Show Performance”). Company intends to post to its Website the Contest Song on or around July 1, 2017 (“Contest Song Post Date”); provided however, Company may change the Contest Song Post Date in its sole discretion depending on the circumstances of the Contest. During the period commencing on the Contest Song Post Date and ending at 11:59 PM Eastern Time on December 3, 2017 (“Voting Period”), fans will have the chance to visit the Website and Vote (as defined below) on their favorite Contestant’s Contest Song. After completion of the Pack Night event, Artist’s Contest Video may be posted to the Website by Company and Company shall have the full authority to edit, revise and exploit the Contest Video in any manner and on and through any medium, including but not limited to film, tv, print, radio (terrestrial and satellite), internet and social media outlets now or hereafter known (“Media”) as determined solely by Company to further promote the Contest; provided, if Company posts any Contest Video from any one of the Contestants to Company’s Website, then Company shall post all of the Contestant’s Contest Videos for the Contest to Company’s Website. Following the expiration of the Voting Period, Company will announce the Contestant with the highest number of Votes received during the Voting Period and the Contestant with the highest number of Votes shall win the Contest with the prize of playing the Final Show Performance. Only one (1) Contestant from each Pack Night city will be a Winner (as defined below). Normal internet access and usage charges imposed by on-line service companies are out of Company’s control and may apply. Each person is limited to ten (10) Votes per Contestant per day. Disqualification of a Contestant and/or Votes can result if Company (in its sole discretion) suspects any fraud or voter/voting misconduct. This includes (but is not limited to) if any Votes appear to violate Vote limits or involve the purchasing of bulk votes. Determination of violations are at Company’s sole discretion and include, but are not limited to: (a) unusual patterns in Votes for a Contestant originating from the same IP address during the same day; (b) unusual user name patterns originating from the same IP address; and (c) unusual time-of-day patterns originating from the same IP address. Company reserves the right to disqualify any Votes that are cast in violation of these Rules, are cast by robotic means of any sort, or in any other manner that achieves (or that Company believes intends to achieve) an unfair advantage. For purposes of these Rules, all times are Eastern Time (“ET”). Company’s computer is the official time keeping device for this Contest; and the awarding of the Final Show Performance is subject to the eligibility and forfeiture provisions set forth below. The dates and times set forth above and below are subject to change in Company’s sole discretion. In the event of a tie between two Contestants, the tie will be broken by Company based on the musical talent of the Contestants, to be determined in Company’ sole discretion but by applying the same criteria to all contestants. The decision of the Company shall be final and binding.
- Contest Song Requirements. All Contest Songs must meet the following requirements and specifications to be eligible:
- Artist must provide Company with all song ownership information for the Contest Song, including the owner(s) of the sound recording, the owner(s) of the underlying musical composition and all contact information relating thereto as specifically requested by Company;
- The Contest Song must not infringe the copyright, trademark, privacy, publicity or any other intellectual property right of any person or entity, including Swisher;
- The Contest Song must meet all specifications set forth by Company in these Rules;
- The Contest Song must not, in the sole discretion of Company, contain any inappropriate content including but not limited to material which is (or promotes activities which are) abusive, harassing, threatening, an invasion of a right of privacy of another person, pornographic or otherwise sexually explicit, or otherwise objectionable as determined by Company in its sole discretion; and
- The Contest Song must not disparage Company.
- Company’s Right to Disqualify. Company reserves the right in its sole discretion to disqualify and remove any Contest Song at any time for any reason, including but not limited to, Company’s belief that the Contest Song potentially or actually infringes upon the copyright or other rights of any third party, or if the Contest Song does not comply with these Rules or does not further the Company’s goals of the Contest. In the event that a Contestant that wins is disqualified for any reason, the slot to play the Final Show Performance may or may not, at Company’s sole discretion, be awarded to an alternate Contestant selected from among the remaining eligible artists submitting valid Contest Songs.
- Final Show Performance. In the event Artist wins the Contest pursuant the criteria set forth herein and abides by all requirements of the Contest, subject to any other rights or reservations granted to Company herein (“Winner”), Artist shall perform at the Company’s Final Show Performance on December 29, 2017 in New Orleans, LA and all of the terms herein shall apply. In consideration for Artist (i) Approving and adhering to Company’s promotional plan for the Final Show Performance as provided to Artist in advance, such approval not to be unreasonably conditioned, withheld or delayed by Artist; (ii) including the Final Show Performance on Artist’s published touring calendars, where applicable, including but not limited to Artist’s website and Facebook page; (iii) performing for a minimum of fifteen (15) minutes at the Final Show Performance; and (iv) submitting all song ownership information requested by Company, Company shall provide the following:
- Air/Ground Transportation: Company will provide one (1) coach-class, roundtrip airfare ticket from any location in the continental United States to New Orleans, LA on a Company-selected carrier and ground transportation in New Orleans, LA on a Company-selected carrier as transportation for the Final Show Performance.
- Hotel Accommodations: Company will provide one (1) hotel room for one (1) night at a hotel in New Orleans, LA to be designated by Company.
- Payment: Artist shall receive a fee of: Two Thousand Dollars ($2,000.00) (“Final Show Performance Fee”) payable by wire transfer within three (3) business days of the successful completion of the Final Show Performance and all related promotional requirements stated above.
The foregoing shall be referred to as the “Prize.” All expenses for the Winner not specifically mentioned herein are not included and are solely the responsibility of the Winner, including but not limited to all costs related to any artists or other persons performing with, traveling with, or otherwise supporting Artist including but not limited to dancers, assistants, stage hands, musicians or other band members, as well as all beverages, food, gratuities, tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls related to Artist or any other person.
- Contestant Winner Notification Process. The Contestant that wins the Contest will be notified by email to his/her e-mail address on file with Company on or about December 3, 2017. At the sole discretion of the Company, disqualification and the selection of an alternate Contestant may result from any of the following, without limitation: [a] a Contestant’s failure to respond to notification within twenty-four (24) hours after its transmission; [b] the return of an email notification as undeliverable after three (3) attempts; [c] a Contestant’s failure to provide Company with satisfactory proof of eligibility and releases; [d] a Contestant’s failure to execute and return by overnight delivery service any Company-requested documents; or [e] any other non-compliance with these Rules. In the event of a disqualification or forfeiture of Artist, Company may, in its sole discretion, select or not select an alternate Winner or co-Winner and award or not award the Final Show Performance. The Artist will be responsible for all federal, state and local taxes associated with the claiming of the Prize, including without limitation, providing any and all tax documents (such as an IRS Form W-9) and will receive an IRS Form 1099 reflecting the Final Show Performance Fee and the ARV (as defined below) or other consideration received herein. The Contestant that wins the Contest will be announced on the Website. Company shall not be responsible for any typographical or other errors in the administration of the Contest or the announcement of the Winner. Artist shall not have the right, and waives any and all rights, to challenge the results of the Contest, including the total number of Votes cast for Artist or any other Contestant. Company’s determination of the Winner of the Contest shall be final and binding and Artist shall have no recourse whatsoever against Company, including but not limited to the filing of any lawsuit or action against Company. Company shall have no obligation to issue a recount of the Votes cast in the Contest.
- Internet. Company is not responsible for any electronic transmission errors resulting in any omission, interruption, deletion, defect, delay in operations or transmissions, theft or destruction or unauthorized access to or alterations of any Votes submitted, or for any technical, network, telephone equipment, electronic, computer, hardware or software malfunction or limitations of any kind, or any inaccurate transmissions of or failure to receive Votes on account of technical problems or traffic congestion on the Internet. If for any reason the internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Company’s control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Company reserves the right in its sole and unfettered discretion to cancel, terminate, modify, extend and/or suspend the Contest and/or to award the Final Show Performance based on alternate means including, without limitation, based on Votes received prior to termination. The Company is also not responsible for any changes to any website or application function that may interfere with the Contest or ability to upload Votes timely. Artist agrees that Company, its affiliates and its third party vendors engaged to implement this Contest are authorized, in their sole discretion, to display any public ratings, votes and comments for promotional or any other purpose.
- Fulfillment Filming. A Winner’s acceptance of the Prize constitutes the grant of an unconditional right to Company and its assigns to photograph, film, or otherwise capture the fulfillment of the Winner’s acceptance (“Fulfillment Filming”), and Company shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize, with visual material, modify, amend, create derivative works from, and otherwise use and permit others to use the Fulfillment Filming throughout the universe in any and all media now known or hereafter devised, in all languages and in all version, in perpetuity, without compensation, for any commercial or promotional or other purpose, except where prohibited by law. Company’s use of the Fulfillment Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees. Company shall have the right to make such changes to the Fulfillment Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Fulfillment Filming in perpetuity, in its entirety or in part, for any commercial or promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.
- Prize/Approximate Retail Value (“ARV”). In the event Contestant wins the Contest, the accommodations provided by Company for the Final Show Performance shall consist of those listed in Section 1(f)(i) and 1(f)(ii). The ARV of these accommodations is Eight Hundred Dollars ($800.00), which will depend upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. Travel and lodging are subject to availability, certain restrictions, blackout dates and Company’s approval. Airline carrier and hotel regulations and conditions apply. If the Winner is not available to perform at the Final Show Performance, he/she will forfeit the Contest and will not be eligible for any compensation or offered an alternate prize. The Company is not responsible for airline cancellations or delays. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. The Prize is not redeemable for cash or transferable by Contestant. No substitution allowed except at Company’s sole discretion. Company will not replace any lost, mutilated, or stolen tickets, travel vouchers, or certificates. Airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. The Prize cannot be used in conjunction with any other promotion or offer. The Winner is solely responsible for obtaining any and all necessary travel documents (e.g. valid U.S. Passport, photo I.D., etc.) before departure.
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