HARD ROCK RISING™
The Global Battle of the Bands 2013
complete Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.- CONTEST PERIOD/ENTRY DEADLINES: The Hard Rock Rising® Global Battle of the Bands 2013 contest ("Contest") begins at 10:00am Eastern Time USA ("ET") on January 7, 2013 and ends at 4:00pm ET on May 1, 2013 ("Contest Period").
The Entry Period, Entry Deadline, Fan Voting Periods and Judging
Periods are described and defined in the table below and in the Section
noted. See Section 3 below for details on how to enter.
Timeline* | Description |
10:00am ET on January 7, 2013 - 4:00pm ET on January 21, 2013 | ENTRY PERIOD: See Section 3 below for how to enter. |
4:00pm ET on January 21, 2013 | ENTRY DEADLINE: Any Band that has not submitted fully completed Entry Materials (as defined below) in the manner set forth in these Official Rules so that they are received by Sponsor by this date and time will not be eligible to compete and will be disqualified. |
10:00pm ET on January 28, 2013 – 4:00pm ET on February 11, 2013 | VOTING PERIOD #1 (Selection of Local Bands): See Section 5 below. |
February 18, 2013 – April 15, 2013 | JUDGING PERIOD #1 (Selection of Local Finalists): See Section 6 below. |
10:00am ET on April 22, 2013 – 4:00pm ET on May 1, 2013 | VOTING PERIOD #2: (Selection of Global Finalists): See Section 8 below. |
May 2, 2013 – May 5, 2013 | JUDGING PERIOD #2 (Selection of one (1) Grand Prize Winner and two ( 2) Runner-Up Winners): See Section 9 below. |
May 6, 2013 | Grand Prize Winner and Runner-Up Winners announced |
* All dates are based on Eastern Time (USA).
The list of participating Hard Rock Cafe locations (each a "Participating Location") is as follows:
Europe: | Number Of Bands selected by Fans to compete as a Local Band | Number of Bands selected by Local Contest Administrator to compete as a Local Band (Wild Card Bands) | Total Number of Bands to be selected to compete as a Local Band |
Athens, Greece | 8 | 1 | 9 |
Barcelona, Spain | 8 | 1 | 9 |
Berlin, Germany | 8 | 1 | 9 |
Brussels, Belgium | 8 | 1 | 9 |
Budapest, Hungary | 8 | 1 | 9 |
Cologne, Germany | 8 | 1 | 9 |
Copenhagen, Denmark | 8 | 1 | 9 |
Dublin, Ireland | 10 | 2 | 12 |
Edinburgh, Scotland | 8 | 1 | 9 |
Hamburg, Germany | 8 | 1 | 9 |
Helsinki, Finland | 8 | 1 | 9 |
Krakow, Poland | 8 | 1 | 9 |
Lisbon, Portugal | 8 | 1 | 9 |
London, England | 8 | 1 | 9 |
Madrid, Spain | 8 | 1 | 9 |
Mallorca, Spain | 8 | 1 | 9 |
Malta, Malta | 8 | 1 | 9 |
Manchester, England | 8 | 1 | 9 |
Marbella, Spain | 8 | 1 | 9 |
Moscow, Russia | 8 | 1 | 9 |
Munich, Germany | 8 | 1 | 9 |
Nicosia, Cyprus | 8 | 1 | 9 |
Oslo, Norway | 8 | 1 | 9 |
Paris, France | 8 | 1 | 9 |
Prague, Czech Republic | 8 | 1 | 9 |
Warsaw, Poland | 8 | 1 | 9 |
United States: | |||
Atlanta, Georgia | 10 | 2 | 12 |
Atlantic City, New Jersey | 10 | 2 | 12 |
Biloxi, Mississippi | 8 | 1 | 9 |
Boston, Massachusetts | 10 | 2 | 12 |
Chicago, Illinois | 10 | 2 | 12 |
Cleveland, Ohio | 10 | 2 | 12 |
Dallas, Texas | 8 | 1 | 9 |
Denver, Colorado | 8 | 1 | 9 |
Destin, Florida | 8 | 1 | 9 |
Detroit, Michigan | 8 | 1 | 9 |
Foxwoods, Connecticut | 8 | 1 | 9 |
Gatlinburg, Tennessee | 10 | 2 | 12 |
Hollywood, California - Hollywood Blvd | 10 | 2 | 12 |
Hollywood, Florida | 10 | 2 | 12 |
Honolulu, Hawaii | 8 | 1 | 9 |
Houston, Texas | 8 | 1 | 9 |
Indianapolis, Indiana | 7 | 1 | 8 |
Key West, Florida | 8 | 1 | 9 |
Lake Tahoe, Nevada | 10 | 2 | 12 |
Las Vegas Strip, Nevada | 10 | 2 | 12 |
Louisville, Kentucky | 14 | 2 | 16 |
Memphis, Tennessee | 13 | 2 | 15 |
Miami, Florida | 8 | 1 | 9 |
Myrtle Beach, South Carolina | 8 | 1 | 9 |
Nashville, Tennessee | 10 | 2 | 12 |
New Orleans, Louisiana | 10 | 2 | 12 |
New York, New York | 8 | 1 | 9 |
Niagara Falls, New York | 14 | 2 | 16 |
Orlando, Florida | 10 | 2 | 12 |
Philadelphia | 12 | 2 | 10 |
Phoenix, Arizona | 10 | 2 | 12 |
Pittsburgh, Pennsylvania | 10 | 2 | 12 |
San Antonio, Texas | 5 | 1 | 6 |
San Diego, California | 8 | 1 | 9 |
San Francisco, California | 8 | 1 | 9 |
Seattle, Washington | 18 | 2 | 20 |
St. Louis, Missouri | 8 | 1 | 9 |
Tampa, Florida | 8 | 1 | 9 |
Washington, DC | 8 | 1 | 9 |
Canada: | |||
Toronto | 10 | 2 | 12 |
Caribbean: | |||
Punta Cana, Dominican Republic | 8 | 1 | 9 |
Far East: | |||
Bali, Indonesia | 10 | 2 | 12 |
Bangkok, Thailand | 8 | 1 | 9 |
Bengaluru, India | 8 | 1 | 9 |
Fukuoka, Japan | 8 | 1 | 9 |
Ho Chi Minh City, Vietnam | 8 | 1 | 9 |
Hong Kong | 5 | 1 | 9 |
Hyderabad, India | 8 | 1 | 9 |
Kuala Lumpur, Malaysia | 8 | 1 | 9 |
Macau, China | 5 | 1 | 6 |
Makati, Philippines | 8 | 1 | 9 |
Mumbai, India | 8 | 1 | 9 |
New Delhi, India | 8 | 1 | 9 |
Osaka, Japan | 8 | 1 | 9 |
Pune, India | 8 | 1 | 9 |
Singapore | 10 | 2 | 12 |
Tokyo Roppongi, Japan | 8 | 1 | 9 |
Universal Citywalk Osaka, Japan | 8 | 1 | 9 |
Yokohama, Japan | 8 | 1 | 9 |
Middle East/Africa: | |||
Beirut, Lebanon | 8 | 1 | 9 |
South/Central America: | |||
Bogota, Colombia | 8 | 1 | 9 |
Buenos Aires, Argentina | 4 | 1 | 5 |
Caracas, Venezuela | 8 | 1 | 9 |
Guatemala | 8 | 1 | 9 |
Lima, Peru | 5 | 1 | 6 |
Medellin, Colombia | 8 | 1 | 9 |
Panama, Republic of Panama | 10 | 2 | 12 |
Santiago, Chile | 14 | 2 | 16 |
Pacific Rim: | |||
Surfers Paradise, Australia | 8 | 1 | 9 |
Sydney, Australia | 10 | 2 | 12 |
Hard Rock Cafe Australia (Virtual Cafe) | 10 | 2 | 12 |
Sponsor reserves the right to add or delete participating Hard Rock Cafe locations at any time, without prior notice.
- ELIGIBILITY: A "Band" is a group of eligible Band Members (as defined below) where the Band meets all of the eligibility requirements set forth in these Official Rules for the Contest ("Official Rules"), including any Local Competition requirements (as defined below), from the date the Band submits its Entry Form (as defined below) up through the conclusion of the Grand Prize Performance (as defined below). A "Band Member" or "Member" is a member of an eligible Band herein who meets all of the eligibility requirements set forth in the Official Rules (including any Local Competition Requirements) from the date his/her Band submits its Entry Form up through the conclusion of the Grand Prize Performance.
- Band Member eligibility: In order to be eligible to compete in the Contest, win any prize or participate in the Grand Prize Performances, each Band Member must at all times from the date each Band submits its Entry Form in full compliance with these Official Rules and becomes a Band entrant in this Contest, up through the conclusion of the Grand Prize Performance:
- Be a permanent lawful resident of one of the countries named above, excluding the province of Quebec in Canada;
- Be 18 years of age or older;
- Be listed as a member of a Band in the Entry Form of the Band at the time it enters the Contest;
- Perform/compete only on behalf of one Band;
- Be an authentic member of a Band who has regularly performed with the Band prior to the Contest i.e., not a manager, agent, technical or administrative support person, spouse, friend, etc. who has not regularly performed with the Band prior to the Contest;
- Be eligible to participate in the Contest in accordance with, and be in full compliance with, all of the provisions of the Official Rules, including any Local Competition Requirements;
- Not be an employee, agent, officer or director of, or a member of the immediate family (parents, children, siblings and spouses, regardless of where they reside) or household (whether related or not) of an employee, agent, officer or director of any of the Contest Entities. "Contest Entities" are collectively defined as (a) Hard Rock Cafe International (USA), Inc. ("Sponsor"), (b) any restaurant, cafe, hotel and/or casino licensed or franchised by Sponsor or an entity affiliated with Sponsor, (c) any restaurant, hotel, and/or casino franchisee or licensee of Sponsor or one of Sponsor’s affiliated entities, (d) RPMC ("Contest Administrator"), (e) ReverbNation, (f) any judge in this Contest (except a Local Fan Judge or Global Finalist Judge, each as defined herein), and (g) any entity affiliated with the entities/persons described above, including but not limited to affiliated, parent, and subsidiary companies, affiliated advertising and promotion agencies, and vendors or promotional partners associated with this Contest.
- Not served as a band member in a band that has performed at the Hard Rock Calling Festival in London as a result of participating in any of the Sponsor's previous Battle of the Bands contests in 2009, 2010, 2011 or 2012.
- Band
eligibility: In order to be eligible to compete in the Contest, win any
prize or participate in the Grand Prize Performances, each Band must at
all times from the date each Band submits its Entry Form in full
compliance with these Official Rules and becomes a Band entrant in this
Contest, up through the conclusion of the Grand Prize Performances:
- List all Band Members in the Entry Form of the Band at the time it enters the Contest. Any Band Members not listed at that time are not eligible to participate in the Contest;
- Consist only of Members who are eligible to participate in the Contest in full compliance with the terms of these Official Rules. In the event any Member of a Band is not eligible or is disqualified, then the entire Band may be disqualified;
- Consist only of authentic Members who have regularly performed with the Band prior to the Contest i.e., not a manager, agent, technical or administrative support person, spouse, friend, etc. who has not regularly performed with the Band prior to the Contest. Please note that while there is no limit on the number of Band Members, the travel portion of the Grand Prize only provides travel for up to six (6) eligible Band Members. Band Members who are ineligible herein, or who were not listed in the Entry Form, or who are not authentic Members who have regularly performed with the Band prior to the Contest (e.g., managers, agents, technical or administrative support people, spouses, friends, etc.) are not eligible to receive any portion of the Grand Prize;
- Be eligible to participate in the Contest in accordance with, and be in full compliance with, all of the provisions of the Official Rules, including any Local Competition Requirements;
- At all times from the date of entry in the Contest until the end of the Contest Period be a member in good standing of ReverbNation (www.reverbnation.com). See Section 3 below for details on how to become a member;
- Not have performed at the Hard Rock Calling Festival in London as a result of participating in any of Sponsor’s previous Battle of the Bands contests in 2009, 2010, 2011 or 2012.
- HOW TO ENTER: To enter:
- First,
each Band must select one (1) representative who shall have full legal
authority to act on behalf of and legally bind/obligate the Band and
each of its Members with respect to the Contest, and who will be the
sole contact person for the Band and all of its Members in all matters
related to the Contest (the “Band Representative”). A
Band Representative must be of an age wherein he/she may enter into
legally binding agreements and not be a minor in the jurisdiction in
which the Band Representative resides. In the event of any dispute as
to the authority of the Band Representative to act on behalf of and
legally bind/obligate the Band and each of its Members with respect to
the Contest at any time during the Contest Period or prior to the Grand
Prize Performances, the Band shall be subject to disqualification at
Sponsor’s sole and absolute discretion.
-
Next, select your Local Competition Site (as defined below). The Band
must compete at a Participating Location that is located in a country
in which at least one eligible Band Member maintains a permanent
residence. The Band may compete at any Participating Location within
that country that it chooses. The Participating Location chosen by the
Band that meets these criteria and is included within the Entry Form is
referred to herein as the Band’s “Local Competition Site”.
For example, if some Band Members reside in England and some reside in
France, the Band could choose to compete in either England or France,
but not both. Also for example, if all Band Members reside in Los
Angeles, the Band could choose to compete in Los Angeles, Chicago,
Denver, or any other city within the U.S.A. that has a Participating
Location. Under no circumstances may the Band or any Band Member
select, compete or attempt to compete at more than one Participating
Location. Any such actions by a Band or a Band Member will result in
the disqualification of any Band involved. Once the Entry Form is
submitted online, then the Band may only compete at the Local
Competition Site selected in the Entry Form and no other, even if the
Band is never selected as a Local Band (as defined below). If your Band
is not selected as a Local Band to compete at your Local Competition
Site, neither your Band, nor any Member of your Band, can compete at
another Participating Location. Sponsor reserves the right, in its sole
and absolute discretion, to assign Bands to compete at a Participating
Location other than the one chosen by the Band.
- Local Competition Sites for Residents of Australia:
If any Band Member permanently resides within a 160-kilometer radius of
Sydney or Surfer’s Paradise, then the Band must choose that applicable
Participating Location as its Local Competition Site. If all Band
Members are permanent residents of Australia but no Band Member resides
within a 160-kilometer radius of Sydney or Surfer’s Paradise, then the
Band must choose the online virtual café for Hard Rock Cafe Australia (“Virtual Cafe”) for its Local Competition Site. This is an online virtual simulation of a Hard Rock Cafe.
- Prior
to the Entry Deadline, the Band Representative should visit the
Facebook page for the Local Competition Site where the Band will be
competing (the “Local Facebook Page”) and click on the
Contest tab to receive details on the Contest and see the Official
Rules. You must be a member of Facebook in order to access the Local
Facebook Page. There is no charge to become a member of Facebook.
(Note: The Local Facebook Page for the Virtual Café is located at
facebook.com/HRCAustralia). The Band Representative should carefully
review the Official Rules of the Contest (including all instructions on
performance conditions/restrictions and judging criteria). The Band
Representative should print out a copy of the Official Rules at that
time for future reference and distribute the Official Rules to all Band
Members. Prior to entering the Contest, if your Band is not already a
member in good standing of ReverbNation (www.reverbnation.com)
then your Band must join/sign up (at www.reverbnation.com) as an
artist/band member of ReverbNation prior to entry. There is no cost to
become a member of ReverbNation nor is there any continuing obligation
as a result of becoming a member.
- After
the Band Representative and each of the Band Members have carefully
read the Official Rules and the Band has become a member of
ReverbNation, and when the Band is ready to enter the Contest, the Band
Representative should visit the Local Facebook Page again prior to the
Entry Deadline and follow the Contest links to the official Entry Form
for the Contest (“Entry Form”). The Band
Representative must indicate on the Entry Form the Local Competition
Site where the Band wishes to compete and perform should the Band
qualify as a Local Band (as defined below) and compete at Local
Competitions (as defined below).
- As part of the Entry Form you will be required to select an “Audition Song”
from your Band’s ReverbNation playlist. This Audition Song must be a
file containing an audio recording of an Original Song by your Band. An
“Original Song” is a song (including any lyrics,
music, musical or audio tracks, arrangement and composition) performed
by the Band (whether live or in a recording) which is used to
participate in the Contest where (i) the song (including any lyrics,
music, musical or audio tracks, arrangement and composition) is written
and performed solely by one or more eligible Members of your Band who
are listed on the Entry Form (and by no other person or entity) and
(ii) your Band, or one or more eligible Members of your Band who are
listed on the Entry Form, owns and controls all right, title and
interest, including copyright, in and to the lyrics, music, arrangement
and composition of such song. The Audition Song cannot be a Cover Song (as defined below) from another band or artist.
The file containing the Audition Song must be in an MP3 128 kbps format
and the Audition Song cannot exceed ten (10) minutes in length. No
video submissions or other formats will be accepted.
- The
Entry Form must be completed in full by the Band Representative. Once
(i) the Entry Form has been fully completed by the Band Representative,
and (ii) the Band Representative has agreed on behalf of the Band and
each of the Band Members to all of the Official Rules and the terms and
conditions of the Entry Form, then the Band Representative must specify
the Audition Song to be selected from the Band’s ReverbNation playlist
and submit the Entry Form (collectively, the “Entry Materials”)
in accordance with the instructions on the Local Facebook Page prior to
the Entry Deadline. All Entry Materials must be completed and submitted
together prior to the Entry Deadline. Failure to (1) fully complete the
Entry Form, (2) meet the requirements for the Audition Song, or (3)
submit the completed Entry Materials prior to the Entry Deadline, will
result in disqualification of the Band and all of its Band Members.
Only complete Entry Materials will be accepted. If Entry Materials are
incomplete or do not comply with these Official Rules in any manner,
the Band and each individual Band Member may be disqualified at
Sponsor’s sole and absolute discretion.
- There is a limit of one Contest Entry Form per Band and per person/Band Member. If more than one Entry Form is received from the same Band, or a Band Member appears on more than one Entry Form, then the applicable Band(s) and Band Member(s) will be disqualified in the sole and absolute discretion of Sponsor.
- GENERAL REQUIREMENTS:
- Each Band, and each of its respective Band Members, agree, warrant and represent that:
- In
any instance where the Official Rules of the Contest or the Contest
Entities require that the Band submit or perform an Original Song, then
such song (including any lyrics, music, musical or audio tracks,
arrangement and composition) (1) has been written and performed solely
by one or more Members of the Band who are listed on the Entry Form
(and by no other person or entity) and (2) the Band, or one or more
Members of the Band who are listed on the Entry Form, own and control
all right, title and interest, including copyright, in and to the
lyrics, music, musical and audio tracks, arrangement and composition of
such song;
-
With respect to any of the lyrics, music, musical or audio tracks,
arrangements, compositions, or songs performed by the Band during the
Contest that are not Original Songs of the eligible Band or eligible
Band Members who are listed on the Entry Form (“Cover Songs”),
the Band has obtained any authorizations required (if any), in advance
from all persons or entities having any rights, title and/or interest
whatsoever with respect to such Cover Songs in order to perform or
otherwise use such Cover Songs during the Contest without violating the
rights of any persons or entities. All songs performed by the Band
during the Contest, or posted on the Local Facebook Page or on
ReverbNation.com and attributed to the Band, or otherwise played or
used while the Band is participating in the Contest or Grand Prize
Performances (including all Original Songs and Cover Songs) are
referred to herein collectively as the “Creative Materials”; and
-
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.
- Creative
Materials 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.
- Creative
Materials and Band names must be in keeping with Sponsor’s positive
image. Without limitation, Creative Materials or Band Names that are
deemed by Sponsor, in its sole and absolute discretion, to be or to
contain offensive 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.
- Creative
Materials, Entry Materials and Band names must not include brand names,
trademarks, trade names, logos or the intellectual property of any
third parties without the written consent of the third party, if
applicable.
- Creative
Materials and Entry 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.
- 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 Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
- SELECTION OF LOCAL BANDS:
- Competition to be named a Local Band
- In this stage of the Contest, Bands are only competing against other
Bands who have been assigned to the same Local Competition Site. For
each Local Competition Site, Bands compete to be selected as a Local
Band (“Local Band”), thereby qualifying the Band to
move on to compete live at the Local Competition Site in an attempt to
be selected as a Local Finalist. Local Bands are selected in two
different ways. First, Local Fan Judges (as defined below) will select
a number of Local Bands for each Local Competition Site by casting
votes (via free downloads of the Audition Song by Local Fan Judges from
the Local Facebook Page) during Fan Voting Period #1. The number of
Bands to be selected by Local Fan Judges at each Local Competition Site
is set forth in the chart in Section 1 of these Official Rules. The
Bands receiving the highest number of valid votes from Local Fan Judges
at each Local Competition Site (up to the number established in the
chart above for each Local Competition Site) will each be selected as a
Local Band, subject to eligibility requirements set forth herein and
compliance with these Official Rules. Additionally, the Local Contest
Administrator (as defined herein) for each Local Competition Site will
also select one or more Local Bands for each Local Competition Site (in
his/her sole and absolute discretion) (each a “Wild Card Local Band”)
subject to eligibility requirements set forth herein and compliance
with these Official Rules. The number of Wild Card Local Bands to be
selected by each Local Contest Administrator is set forth in the chart
in Section 1 of these Official Rules. Sponsor reserves the
right to increase or decrease the number of Local Bands or Wild Card
Local Bands to be selected for each Local Competition Site’s live
competition at any time, without prior notice, in its sole and absolute
discretion. In the event a Local Contest Administrator selects
a Band as a Wild Card Local Band that also received enough votes from
Local Fan Judges to be selected as a Local Band, then such Band shall
be considered to be a Wild Card Local Band and any votes it received
from Local Fan Judges shall not be considered in selecting the Local
Bands to be selected by Local Fan Judges. The odds of being declared a
Local Band or Wild Card Local Band depend on the number of Bands
competing, the skill of the Band and its Band Members, and the skills
of other Bands competing at the same Local Competition Site. In the
event it is determined that any potential Local Band, Wild Card Local
Band or Band Member is ineligible, or fails to appear and/or perform on
their scheduled date for the live competition, or is subject to
disqualification for any reason, then the potential Local Band or Wild
Card Local Band may be disqualified and the Sponsor or Local Contest
Administrator (as applicable), in its/their sole and absolute
discretion, may elect to select another Band as a potential Local Band
or select the Band receiving the next highest number of valid votes
from Local Fan Judges as a Local Band.
- Voting to select Local Bands by Local Fan Judges - Beginning at 10:00 a.m. ET on January 28, 2013 and continuing up and until 4:00 p.m. ET on February 11, 2013 (“Fan Voting Period #1”),
each Band’s Audition Song will be posted on the Local Facebook Page and
made available for a free download by Local Fan Judges throughout Fan
Voting Period #1. During Fan Voting Period #1 each Local Fan Judge may
vote for his/her favorite Band competing at each Local Competition Site
located within the Local Fan Judge’s Voting Territory (as defined
below) using the Local Band Judging Criteria (as defined below). A vote
is accomplished by 1) clicking “Like” on the applicable Local Facebook
Page and then 2) downloading the selected Band’s Audition Song from the
Local Facebook Page for free during Fan Voting Period #1. Local Fan
Judges may listen to the song before downloading it but it is not
required. In order to qualify as a “Local Fan Judge”,
a person must 1) be a member of Facebook and 2) be thirteen (13) years
of age or older. There is no charge to become a member of Facebook. The
“Voting Territory” for each Local Fan Judge is as
follows: (i) if you reside in the United States, the Band must be
competing at a Local Competition Site within approximately a 100 mile
radius of the location specified for the Facebook account you are using
to download the Audition Song; and (ii) if you reside in any other
country, the Band must be competing at a Local Competition Site within
the same country as the location specified for the Facebook Account you
are using to download the Audition Song. The 100 mile radius
restriction does not apply to Local Fan Judges voting for Local
Competition Sites outside of the United States. The Local Fan Judges
will judge the Audition Song of the Band, according to the following
judging criteria and with the following weight given to each such
criterion (the “Local Band Judging Criteria”): 1)
Musicianship (50%); 2) Voice Talent (30%); 3) Originality (20%). There
is no cost to download the Audition Song from the Local Facebook Page
in the course of casting a vote in this Contest. A valid Facebook
account for your email address is required in order to vote/download.
Votes generated by invalid Facebook accounts will be disqualified.
Automated votes are prohibited. You may vote for as many Bands
as you desire (i.e. download songs from as many Bands as you desire)
within your Voting Territory but there is a limit of one (1)
vote/download per Band per Local Fan Judge and per Facebook account.
Any votes/downloads exceeding that limit will be disqualified. In the
event of a tie in the voting, the Local Band(s) shall be selected by
the Sponsor, in its sole and absolute discretion. The valid votes cast
by the Local Fan Judges and the decisions of the Sponsor relating to
the selection of each Local Band are final and binding.
- Selection of Local Band(s) by Local Contest Administrator – By on or about February 12, 2013, the Local Contest Administrator for each Participating Location (including the Virtual Cafe) will select, in his/her sole and absolute discretion, one (1) or more Wild Card Local Bands (in accordance with the chart set forth in Section 1 of these Official Rules) from Bands competing at that location which placed in the top 50th percentile of votes received from Local Fan Judges to be named as a Wild Card Local Band for such Local Competition Site. The decisions of the Local Contest Administrator relating to the selection of each Wild Card Local Band are final and binding. In the event it is determined that any potential Wild Card Local Band or Wild Card Local Band Member is ineligible, or fails to appear and/or perform on their scheduled date for the live competition, or is subject to disqualification for any reason, then the Band will be disqualified and the Local Contest Administrator may elect, in its sole and absolute discretion, to name another Band as a Wild Card Local Band instead.
- SELECTION OF LOCAL FINALISTS:
- LOCAL FINALIST COMPETITIONS: Local Bands and Wild Card Local Bands are collectively referred to hereafter, as applicable, as “Local Bands”. The Contest administrator at each Participating Location (“Local Contest Administrator”)
will conduct a live performance competition amongst all Local Bands
selected in accordance with these Official Rules (including those
selected by Local Fan Judges and those selected by the Local Contest
Administrator as a Wild Card Local Band) that are eligible to compete
at that Participating Location in order to determine the Local Band
that will be named the Local Finalist for that Participating Location
(the “Local Competition”). The Local Competition may
consist of several qualifying events and/or a finals event, and such
events will take place between February 18, 2013 and April 15, 2013 (“Judging Period #1”),
on such dates and at such times as are established by the Local Contest
Administrator. The Local Contest Administrator will advise the Band
Representative of each Local Band of any and all Local Competition
requirements (including but not limited to the competition format, the
number of songs to be performed, the number of performances, and the
schedule for the competition) (collectively, the “Local Competition Requirements”).
Should a Local Band fail to comply with all such Local Competition
Requirements, or fail to appear for the Local Competition on such
date(s) and at such time(s) as are established by the Local Contest
Administrator, then such Local Band shall be disqualified. Prior
to performing at any event at a Participating Location during the Local
Competition, each Band Member of each Local Band will be required to
complete and sign a hard copy of the Entry Form for the Local Band
(including the associated declaration/affidavit of eligibility on
behalf of the Local Band and each of its Band Members), and the
associated rights/publicity/liability release on behalf of the Local
Band and each of its Band Members. Failure to return an Entry Form
including all of the above elements that is signed by all Band Members
by the deadline established by the Local Contest Administrator may
result in the Local Band being disqualified from participating in the
Contest and any events at the Participating Location. Although
each Local Band Member must be 18 years of age or older to participate
in this Contest, if a Band Member is deemed a minor in his/her country,
state, territory or province of residence, then the parent/legal
guardian of such minor must sign any documents required in these
Official Rules on behalf of such minor.
- LOCAL FINALIST JUDGING: Each
Participating Location will establish its own format for the Local
Competition in the sole and absolute discretion of the Local Contest
Administrator. While the Local Contest Administrator will advise the
Band Representative of the format for each Local Competition Site,
common formats include competitions where (i) Local Bands perform over
a series of events and the Local Band with the highest overall score
wins, or (ii) Local Bands perform over a series of qualifying events
and the Local Band(s) with the highest score(s) at each event (or with
the highest overall scores) go(es) on to compete in a finals event.
During each event at a Local Competition, each Local Band will perform
such number of songs and types of songs as may be required by the Local
Contest Administrator. At each such event the Local Band’s performance
will be judged by a panel of qualified judges to be selected by the
Local Contest Administrator in its sole and absolute discretion
(collectively, the “Local Judges”), which may include
professionals in the music, radio or recording industry, and/or other
persons selected by the Local Contest Administrator. The persons
serving as Local Judges are subject to change at any time at the Local
Contest Administrator’s sole and absolute discretion. The Local Judges
will judge each performance of each Local Band, according to the
following judging criteria and with the following weight given to each
such criterion (the “Local Finalist Judging Criteria”):
1) Musicianship (30%); 2) Voice Talent (20%); 3) Originality (20%) 4)
Stage Presence (20%) and Fan Reaction/Appeal (10%). Upon the completion
of all Local Competition Requirements, the one (1) Local Band at each
Participating Location with the highest total score for the applicable
event(s), as determined by the Local Judges in their sole and absolute
discretion using the Local Finalist Judging Criteria, will be declared
the Local Finalist for that Participating Location (a “Local Finalist”),
subject to confirmation that the Local Band and all Band Members are
eligible under the Official Rules and in full compliance with the
Official Rules and the Local Competition Requirements. The odds of
being declared a Local Finalist depend upon the number of Bands
competing at each Participating Location and the skill of each Band and
its Band Members. No more than one (1) Local Finalist will be selected
at each Participating Location. In the event of a tie, the Local Band
from among the tied entries with the highest cumulative score in the
first judging criterion (i.e., Musicianship) described above will be
declared the Local Finalist. In the event of a tie using the
tie-breaking criterion, the Local Contest Administrator will select the
Local Finalist in their sole and absolute discretion. The decisions of
the Local Judges and the Local Contest Administrator relating to the
selection of each Local Finalist are final and binding. In the event it
is determined that any Local Band or Band Member is ineligible or is
subject to disqualification for any reason, then the Local Band will be
disqualified and the Local Contest Administrator may elect to name the
Local Band receiving the next highest total score as the Local
Finalist. In the event of a tie in such instance, the tie breaking
criteria described above may be utilized.
- LOCAL FINALIST COMPETITION AND JUDGING IN THE VIRTUAL CAFE (AUSTRALIA ONLY): Local Bands who entered at the Virtual Cafe will not be performing live for the Local Competition at any Local Competition Sites. Instead the Local Contest Administrator will judge all songs, videos and other publicly available media and information with respect to each such Local Band, including all audio recordings and video recordings located on ReverbNation.com, on Local Facebook Pages, on the Hard Rock Brand Facebook Page and on other social media sites, according to the following judging criteria and with the following weight given to each such criterion: 1) Musicianship (50%); 2) Voice Talent (30%); 3) Originality (20%). The one (1) eligible Local Band receiving the highest total score will be selected as the Local Finalist for the Virtual Cafe. The decisions of the Local Contest Administrator relating to the selection of the Local Finalist of the Virtual Cafe are final and binding. In the event of a tie, the eligible Band from among the tied entries with the highest cumulative score in the first judging criterion described above (i.e. Musicianship) will be declared the Local Finalist for the Virtual Cafe. In the event of a tie using the tie-breaking criterion, the Local Finalist shall be selected by the Local Contest Administrator, in his/her sole and absolute discretion. In the event it is determined that any potential Local Finalist or Local Finalist Member is ineligible, or is subject to disqualification for any reason, then the Local Band will be disqualified and the Local Contest Administrator may elect to name the Local Band receiving the next highest cumulative score as the Local Finalist instead. In the event of a tie in such instance, the tie breaking criteria described above may be utilized. The odds of being declared a Local Finalist in the Virtual Cafe depend on the number of Local Bands competing at the Virtual Cafe and the skill of each Band and its Members. In addition, each Band Member of the Local Finalist for the Virtual Cafe will be required to complete and sign a hard copy of the Entry Form for the Local Band (including the associated declaration/affidavit of eligibility on behalf of the Local Band and each of its Band Members), and the associated rights/publicity/liability release on behalf of the Local Band and each of its Band Members in the event such Local Band is awarded the Grand Prize. Failure to return an Entry Form including all of the above elements that is signed by all Band Members by the deadline established by the Local Contest Administrator may result in the Local Finalist being disqualified from receiving the Grand Prize and participating in the Grand Prize Performances.
- LOCAL COMPETITION PRIZES: Each Member of a Local Band confirmed as a Local Finalist (other than a Local Finalist from the Virtual Cafe) will be awarded a “Local Competition Prize”, which consists of a) a cash sum calculated by dividing US$250.00 (or the equivalent in local currency, based on the Local Competition Site for the Local Finalist Band) by the number of Band Members in the Local Finalist Band; and b) a Hard Rock credit in an amount calculated by dividing US$250.00 (or the equivalent in local currency, based on the Local Competition Site for the Local Finalist Band) by the number of Band Members in the Local Finalist Band. For the Virtual Cafe only, in lieu of the above prizes, each Member of the Local Finalist will be awarded a Local Competition Prize which consists of a cash sum calculated by dividing AUD$500.00 by the number of Band Members in the Local Finalist Band. The total approximate value of all Local Competition Prizes awarded to eligible Local Finalist Band Members is US$500.00 per Local Finalist Band or AUD$500, as applicable. All elements of the Local Competition Prizes to be awarded to Band Members will be delivered to the Band Representative who shall be responsible for distributing such Local Competition Prizes to eligible Band Members. Sponsor shall not be responsible in the event such prizes are not properly distributed by such Band Representative to the proper Band Members. All credits referenced above are subject to all restrictions and rules of use normally applicable to such credits and can only be used at participating locations.
- SELECTION OF TWENTY-FIVE (25) GLOBAL FINALIST BANDS:
- Global Finalist Competition - Beginning at 10:00 a.m. ET on April 22, 2013 and continuing up and until 4:00 p.m. ET on May 1, 2013 (“Fan Voting Period #2”), an audio recording of one (1) Original Song of each Local Finalist Band (as selected by such Local Finalist Band) (the “Finalist Song”) will be posted on the Facebook Page for the Hard Rock Cafe Brand located at http://www.facebook.com/hardrock (“Hard Rock Brand Facebook Page”)
and the Local Facebook Page, and made available for a free download by
Global Finalist Judges (as defined below) throughout Fan Voting Period
#2. In this stage of the Contest each Band is competing against all
other Local Finalist Bands from all Participating Locations (including
the Virtual Café). The twenty-five (25) Local Finalist Bands receiving
the highest number of valid votes from Global Finalist Judges during
Fan Voting Period #2 will be named as a “Global Finalist”
(subject to eligibility requirements set forth herein and compliance
with the Official Rules in the Contest). The odds of a Local Finalist
Band being declared a Global Finalist depend upon the skill of the
Local Finalist Band and its Band Members and the skills of other Local
Finalist Bands competing. In the event of a tie, the Global Finalist
shall be selected by the Sponsor, in its sole and absolute discretion.
The valid votes cast by the Global Finalist Judges and the decisions of
the Sponsor relating to the selection of the Global Finalists are final
and binding. In the event it is determined that any potential Local
Finalist Band or Band Member is ineligible or is subject to
disqualification for any reason, then the potential Global Finalist
Band may be disqualified and the Sponsor, in its sole and absolute
discretion, may elect to name the Local Finalist Band receiving the
next highest number of valid votes as a Global Finalist.
- Voting to select the Global Finalist - During Fan Voting Period #2 each Global Finalist Judge may vote for his/her one (1) favorite Local Finalist Band using the Global Finalist Judging Criteria (as defined below). A valid vote is accomplished by clicking on the “Vote” button on the Hard Rock Brand Facebook Page or the Local Facebook Page. In order to qualify as a “Global Finalist Judge” a person must 1) be a member of Facebook and 2) be thirteen (13) years of age or older. There is no charge to become a member of Facebook. The Global Finalist Judges will judge the Finalist Song of each Local Finalist Band, according to the following judging criteria and with the following weight given to each such criterion (the “Global Finalist Judging Criteria”): 1) Musicianship (30%); 2) Marketability (30%), 3) Voice Talent (20%); and 4) Originality (20%). A valid Facebook account is required in order to vote. Votes generated by invalid Facebook accounts will be disqualified. Automated votes are prohibited. There is a limit of one (1) vote per Global Finalist Judge and per Facebook account. Any votes exceeding that limit will be disqualified.
- SELECTION OF ONE (1) GRAND PRIZE WINNER AND TWO (2) RUNNER-UP WINNERS:
On or about May 2, 2013 through May 5, 2013 (“Judging Period #2”), a panel of qualified judges selected by the Sponsor in its sole and absolute discretion (collectively, the “Grand Prize Judges”), which may include celebrities and professionals in the music, radio or recording industry and/or other persons selected by the Sponsor, will judge all songs, videos and other publicly available media and information with respect to each Global Finalist Band, including all audio recordings and video recordings located on ReverbNation.com, on Local Facebook Pages, on the Hard Rock Brand Facebook Page and on other social media sites, according to the following judging criteria and with the following weight given to each such criterion (the “Grand Prize Judging Criteria”): 1) Musicianship (30%); 2) Marketability (30%), 3) Voice Talent (20%); and 4) Originality (20%). The one (1) Global Finalist Band receiving the highest total score, as determined by the Grand Prize Judges in their sole and absolute discretion using the Grand Prize Judging Criteria, will be declared the Grand Prize winner (“Grand Prize Winner”), and the two (2) Global Finalist Bands receiving the next highest total scores, as determined by the Grand Prize Judges in their sole and absolute discretion using the Grand Prize Judging Criteria, will be declared the Runner-Up winners (“Runner-Up Winners”), all subject to confirmation that each Global Finalist Band and all Band Members are eligible under the Official Rules and in full compliance with the Official Rules. The odds of being declared a Grand Prize Winner or Runner-Up Winner depend upon the number of Bands competing in the Contest and the skill of each Global Finalist and its Band Members. In the event of a tie, the Global Finalist from among the tied entries with the highest score in the first judging criterion described above will be declared a Grand Prize Winner or Runner-Up Winner, as applicable. In the event of a tie using the tie-breaking criterion, the Grand Prize Judges will select the Grand Prize Winner or Runner-Up Winner, as applicable, in their sole and absolute discretion. The decisions of the Grand Prize Judges relating to the selection of the Grand Prize Winner and Runner-Up Winners are final and binding. In the event it is determined that any Global Finalist Band or Band Member is ineligible or is subject to disqualification for any reason, then the Global Finalist Band will be disqualified and the Sponsor may elect to name the Global Finalist Band receiving the next highest total score as a Grand Prize Winner or Runner-Up Winner, as applicable. In the event of a tie in such instance, the tie breaking criteria described above may be utilized. The persons serving as Grand Prize Judges are subject to change at any time at the Sponsor’s sole and absolute discretion. No more than one (1) Grand Prize Winner and two (2) Runner-Up Winners will be selected by the Grand Prize Judges.
No Band, Band Member or any person affiliated with a Band shall engage in, or encourage, any solicitation for votes or favorable scores from Local Fan Judges, Local Judges, Global Finalist Judges or Grand Prize Judges by offering prizes, gifts, products, services or any other type of incentive (monetary or non-monetary) for votes or favorable scores, including any offer to trade votes or favorable scores e.g. offering to solicit votes in exchange for reciprocal votes in online chat rooms or on websites. Sponsor may, in its sole discretion, disqualify any Band or Band Member engaged in or encouraging such activity, or who benefits from such activity.
- NOTIFICATIONS: On or about May 6, 2013 the one (1) potential Grand Prize Winner selected by the Grand Prize Judges and the two (2) potential Runner-Up Winners will be announced. If any Band is named as a potential Local Band, Local Finalist, Global Finalist, Runner-Up Winner or Grand Prize Winner and the Band Representative cannot be reached by telephone or email within forty-eight (48) hours from the first notification attempt, or if any such Band fails or refuses to complete, sign and return any documents required by Sponsor within the time specified by Sponsor, then such Band may be disqualified and the Sponsor, in its sole and absolute discretion, may choose another competing Band instead with the next highest score (or number of votes, as applicable).
- PRIZES:
- One (1) Grand Prize: A concert tour trip (“Concert Tour”)
for the Grand Prize Winner (up to a maximum of six (6) Band Members
named in the Entry Form) to six (6) cities designated by Sponsor in its
sole discretion (each a “Tour City” and collectively the “Tour Cities”) to perform in Hard Rock Cafés in the Tour Cities (the “Grand Prize Performances”)
at such dates and times as are specified by Sponsor in its sole
discretion. The Tour Cities currently designated by Sponsor (which are
subject to change in Sponsor’s sole discretion) are: 1) Sydney,
Australia, 2) Tokyo, Japan, 3) Hong Kong, 4) London, England, 5)
Chicago IL, USA and 6) Honolulu, HI, USA. If the Grand Prize Winner
has more than six (6) eligible Band Members, then the additional
eligible Band Members may travel on the Concert Tour at their own
expense (subject to availability). The Grand Prize is awarded to the Band, not individual Band Members.
The selection of the eligible Band Members who will take the trip and
receive the benefits of the Grand Prize will be at the sole discretion
of the Band Representative and once the Band Representative advises
Sponsor of the identity of such eligible Band Members who will receive
the benefits of the Grand Prize, no Band Member may be added or deleted
from the list without the written authorization of the Sponsor. Only
Band Members named in the Entry Form are eligible to receive the
benefits of the Grand Prize. Band managers, agents or other band
support staff are NOT eligible to receive the benefits of the Grand
Prize. To participate in the Concert Tour and the
Grand Prize Performances each Band Member must have a valid passport
eight (8) weeks before travel. The Concert Tour consists of
the following components for each eligible Band Member selected by the
Band Representative to receive the benefits of the Grand Prize (up to a
maximum of six (6) such Band Members): Round-trip coach air
transportation from a major international airport gateway selected by
the Band Representative to the first Tour City on the Concert Tour,
continuing air transportation to all of the remaining Tour Cities, and
return from the last Tour City on the Concert Tour to the major
regional airport gateway originally selected by the Band
Representative; two (2) or three (3) nights (at Sponsor’s sole
discretion) first-class hotel accommodations (double occupancy for each
room up to a total of three rooms) in each Tour City; round-trip ground
transportation between airport and hotel (including equipment) in each
Tour City; round-trip ground transportation between hotel and Hard Rock
Cafe in each Tour City; and US$2,000.00 spending money for the Band as
a group for each Tour City where the Band participates in a Grand Prize
Performance (for a total of US$12,000 for the entire Concert Tour if
the Band participates in all six (6) Grand Prize Performances). In
addition, the Grand Prize Winner will receive (subject to Sponsor’s
sole and absolute discretion) either US$10,000.00 worth of
equipment/gear for the Band or a US$10,000.00 check, to be awarded upon
the conclusion of the Concert Tour and the Band’s participation in all
six (6) Grand Prize Performances. (Approximate Retail Value [“ARV”]
US$16,854.00 for each eligible Band Member traveling and up to a
maximum of US$101,124.00 for the Band if six (6) eligible Band Members
travel.) Sponsor reserves the right to substitute a Tour City
or change the order of the Tour Cities at any time, without prior
notice, in its sole and absolute discretion. Each Band Member
of a Grand Prize Winner may be required to sign additional
publicity/liability/rights releases before receiving the benefits of
the Grand Prize and participating in the Concert Tour and Grand Prize
Performances. Travel must take place on dates designated by Sponsor. Approximate
Retail Value is based on average airfare costs for economy class travel
from major international airports to the Tour Cities, and a sample New
York departure. Actual value of the Grand Prize may
vary depending on departure location, booking date, number of Band
Members traveling, fares at the time of travel and other factors.
Neither the Band nor any Band Member is entitled to the difference, if
any, between the stated and the actual Grand Prize value. The Grand
Prize Winner may be disqualified at any time and the Grand Prize maybe
forfeited in the event that any Band Member of the Grand Prize Winner
becomes involved in any situation which may bring Sponsor into public
disrepute, contempt, scandal or ridicule, or which has the potential to
shock, insult or offend the community or any group or class thereof, in
such a way that could negatively impact the reputation of Sponsor.
During the Grand Prize Performances, and within a two (2) week window
prior to and after the Grand Prize Performances, within a 50-mile
radius of each Tour City, neither the Grand Prize Winner nor any of its
Band Members shall, without the prior written approval of Sponsor,
schedule, promote or participate in any public or private concerts
(other than the Grand Prize Performances), music performances,
appearances or events. In the event that any performance or other
obligation of a Grand Prize Winner Band conflicts with or interferes
with the scheduling of the Grand Prize Performances, the Grand Prize
Winner may be disqualified by the Sponsor in its sole and absolute
discretion. Furthermore, while in any of the Tour Cities on the trip
to perform, the Grand Prize Winner and all of its Band Members shall
refrain from publicly implementing or engaging in any statements,
behavior, acts, or utilization of any audio or visual displays on items
associated with the Band (not limited to, clothing, instruments, stage
signs and stage displays) of the brand name, logo, sign, trade name,
business name, domain name or trademark of any company, person or
entity other than the Sponsor, regardless of whether or not such
promotional activity is pursuant to the terms of any endorsement or
sponsorship agreement or arrangement the Grand Prize Winner or any of
its Band Members may have with any such party.
If the Grand Prize Winner is located within the United States (as determined by United States Internal Revenue Service [“IRS”] regulations), then the ARV for the Grand Prize may range from US$16,854.00 to US$101,124.00, depending upon the number of Band Members selected by the Band Representative to receive the benefits of the Grand Prize. The award of the Grand Prize to the Grand Prize Winner and applicable ARV will be reported to the IRS, as required by U.S. law. If any Grand Prize Winner is located outside of the United States (as determined by IRS regulations) and Sponsor is required to withhold U.S. federal withholding tax from the Grand Prize (and pay such amount directly to the IRS) (i.e. the Band is an “International Winner”), then Sponsor will provide an additional tax payment assistance award (“International Tax Assistance Award”) with respect to such International Winner for use in payment of its U.S. federal withholding tax. The amount of such International Tax Assistance Award will be equal to that amount required to be withheld by Sponsor under U.S. federal tax laws and regulations, and may range from US$7,223.19 to US$43,339.14 depending upon the number of Band Members selected by the Band Representative to receive the benefits of the Grand Prize. In no instance shall it exceed US$43,339.14. In the event an International Winner is awarded the Grand Prize, the ARV of the Grand Prize for that winner (including the International Tax Assistance Award) may range from US$24,077.19 to US$144,463.14, depending upon the number of Band Members selected by the Band Representative to receive the benefits of the Grand Prize. The Grand Prize Winner shall be solely responsible for the payment of any taxes due as a result of winning this Grand Prize, notwithstanding any International Tax Assistance Award that such Band may receive. All prize values are in U.S. dollars.
- Record Deal:
After the conclusion of the Concert Tour and the participation of the
Grand Prize Winner in all six (6) Grand Prize Performances, the Grand
Prize Winner will receive the opportunity to enter into a recording
contract with Hard Rock Records subject to the standard terms of Hard
Rock Records’ recording contracts and the agreement of the parties.
The Grand Prize Winner shall not be obligated to enter into such
contract and may forfeit such prize. Due to the nature of this prize
and the obligations required of the Grand Prize Winner, this prize has
no ARV.
TWO (2) RUNNER-UP PRIZES: Each eligible Band awarded a Runner-Up Prize will receive (subject to Sponsor’s sole and absolute discretion) either US$10,000 worth of equipment/gear for the Band or a US$10,000 check. Each Runner-Up Prize is awarded to the Band, not individual Band Members. The selection of the eligible Band Members who will receive the benefits of the Runner-Up Prize will be at the sole discretion of the Band Representative. If a Runner-Up Prize Winner is located within the United States (as determined by IRS regulations), then the ARV for each Runner-Up Prize will be US$10,000.00. The award of the Runner-Up Prize to the Runner-Up Prize Winner and applicable ARV will be reported to the IRS, as required by U.S. law. If any Runner-Up Prize Winner is located outside of the United States (as determined by IRS regulations) and Sponsor is required to withhold U.S. federal withholding tax from the Runner-Up Prize (and pay such amount directly to the IRS) (i.e. the Band is an “International Winner”), then Sponsor will provide an International Tax Assistance Award with respect to such International Winner for use in payment of its U.S. federal withholding tax. The amount of such International Tax Assistance Award will be equal to that amount required to be withheld by Sponsor under U.S. federal tax laws and regulations. In no instance shall it exceed US$4,286.00. In the event an International Winner is awarded a Runner-Up Prize, the ARV of the Runner-Up Prize for that winner (including the International Tax Assistance Award) will be $14,286.00. The Runner-Up Prize Winner (and its individual Members, as applicable) shall be solely responsible for the payment of any taxes due as a result of winning the Runner-Up Prize, notwithstanding any International Tax Assistance Award that such Band may receive. All prize values are in U.S. dollars.
- USE/OWNERSHIP: With respect to the use and ownership of all Creative Materials, by participating in the Contest each competing Band and each Band Member acknowledges and agrees as follows:
- The
rights of each Band and each Band Member, and the Sponsor, shall be
established by the terms of these Official Rules, (including any Local
Competition Requirements) and by the contents of any releases or
affidavits entered into as required by these Official Rules.
-
Except to the extent prohibited by law, Sponsor and its designees may
use, copy, publish, videotape, broadcast, distribute and otherwise
publicly display all elements of the Band’s Creative Materials, and
recordings made of the Band’s performances during the Contest and the
Grand Prize Performances, as well as each Band Member’s name, address
[city and state/province], biographical information, statements, voice,
photograph and other likeness, in whole or in part, in any and all
media either now or hereafter known, in perpetuity throughout the
universe, solely in connection with advertising and promoting the
Sponsor, the Contest Entities, the Grand Prize Performances, and
conducting this Contest, without notification and without compensation
of any kind to the Band, 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
Creative Materials and recordings made of the Band’s performances
during the Contest and the Grand Prize Performances in connection with
advertising and promoting the Sponsor and conducting this Contest, the
Grand Prize Performances and the Contest Entities.
- Sponsor does not undertake to consider the Creative Materials in confidence and Sponsor has not
made any prior inducements, promises or representations to the Band
Member(s) or Band(s) regarding the Creative Materials other than as set
forth in the Official Rules.
- Participation by each competing Band in this Contest, and the accompanying submission of each Band’s Creative Materials to Sponsor, shall in no way limit or restrict Sponsor's rights with respect to, or the use of, Creative Materials submitted by other Bands or Band Members, or otherwise independently developed, created or used by Sponsor, both prior to and after the submission of each Band’s Creative Materials herein, and Sponsor shall have no obligations to each Band and Band Member with respect to such other Creative Materials. Accordingly, each competing Band and Band Member acknowledges that Sponsor's use of other material containing elements similar to or identical with those contained in the Band’s Creative Materials shall not entitle the competing Band or Band Member to any compensation if Sponsor has an independent right to use such other materials.
- GENERAL PRIZE RESTRICTIONS/CONDITIONS: Each Band Member of a potential Grand Prize Winner must be in possession of a valid passport at least eight (8) weeks prior to travel for the Concert Tour and any other necessary travel documents including required visas, and have no restrictions on his/her ability to travel to any of the Tour Cities as contemplated herein. Sponsor reserves the right to disqualify any Grand Prize Winner in which all Band Members do not have a valid passport at least eight (8) weeks before travel. Sponsor will not be responsible if any Band Member of the Grand Prize Winner is denied entry into any of the countries where the Tour Cities are located, or re-entry to his/her country of residence for any reason whatsoever. In such case, any additional expenses incurred will be the sole responsibility of the applicable Band Member. If any Band Member of a Grand Prize Winner is denied entry into any of the countries where the Tour Cities are located, then the Grand Prize Winner may be disqualified, and the Grand Prize may be forfeited, in whole or in part, at Sponsor’s sole and absolute discretion. The Grand Prize Winner may also be disqualified, and the Grand Prize may be forfeited, in whole or in part, at Sponsor’s sole and absolute discretion, in the event such Band or any of its members, staff or representatives fail to cooperate with Sponsor regarding the planning and production of the Grand Prize Performances at each Hard Rock Cafe (as determined by Sponsor in its sole and absolute discretion). Scheduled activities are subject to change. Sponsor reserves the right to change/add components to the travel schedule and the Grand Prize Performances. Airfare and hotel accommodations are at the sole and absolute discretion of Sponsor. Each Band Member of a Grand Prize Winner must arrange travel with Sponsor's agent at least forty-five (45) calendar days in advance of the departure date specified by Sponsor. Sponsor will assist in securing certain travel documents, including visas, but each Band Member of the Grand Prize Winner must adhere, comply and submit all required documents in a timely manner in order to secure lawful air transportation to and from each Tour City. All meals, taxes, gratuities, insurance, incidentals (including mini-bar and entertainment expenses), phone charges, transportation between the airport and each Band Member’s residence, and other expenses not specifically identified in these Official Rules are the sole responsibility of each Band Member. Each Band Member of a Grand Prize Winner must comply with all hotel check-in requirements, including but not limited to the presentation of a major credit card. All elements of the Grand Prize are subject to availability. Sponsor is not responsible for cancellations of any Grand Prize Performances, events or travel that is beyond its control, including force majeure events such as acts of God, fire, floods, volcanic disturbances, extreme weather including but not limited to hurricanes, earthquakes, blizzards, tornados, war, terrorism or threats of terrorism, government regulation, civil disobedience, disaster, or other casualty, strikes or threat of strikes, power outage, or similar causes beyond the control of Sponsor making it illegal, impossible, or commercially impracticable for Sponsor to provide its obligations under the Official Rules. In the event that any element of a prize is not available (including the Grand Prize Performances), then all other prize elements will still be offered (or substitutions for a Tour City may be scheduled) and no compensation will be due the prize winner or any Band Member for the unavailable element(s). No transfer, substitution, or cash equivalent for any element of a prize is allowed, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize or prize element of equal or greater monetary value (whether in cash or otherwise) if a prize or prize element cannot be awarded as described for any reason. If any prize is returned as undeliverable or is forfeited or refused, this may result in disqualification and an alternate winner may be selected as a potential winner, if time permits. All federal, state, provincial, local and other tax liabilities, including but not limited to sales and use taxes, goods and services taxes, excise taxes, income and U.S. withholding taxes, customs duties, fees and like amounts in connection with a Band’s or Band Member’s prize, acceptance or use of a prize herein will be the sole responsibility of each Band or Band Member, as applicable. If a potential winner is not a “U.S. person” (as defined by U.S. tax law) and Sponsor is required to withhold U.S. federal withholding tax from the prize (and pay such amount directly to the United States Internal Revenue Service), then, except as provided above with respect to any International Tax Assistance Award, such potential winner will be required to pay to the Sponsor the amount of the legally required withholding before the potential winner can receive the applicable prize or, at Sponsor’s option, the amount of any credit issued or cash awarded as part of the prize may be reduced by the amount of the legally required withholding. If required, failure to pay such amount within the deadline established by the Sponsor will result in the disqualification of the potential winner. Notwithstanding such payments, each winner shall be solely responsible for the payment of any taxes due as a result of winning a prize. All prize values are in U.S. dollars, except where noted.
- CONTEST CONDITIONS: If one or more Band Members of a Grand Prize Winner cannot travel, or refuse to travel, to any of the Tour Cities on the dates designated by Sponsor, or does not comply with the Official Rules (including any Local Competition Requirements), then the entire Grand Prize Winner may be disqualified in the sole and absolute discretion of Sponsor. By participating in the Contest, each Band and each Band Member agrees: (a) That only the laws of the United States shall be applicable to this Contest and their participation in this Contest, regardless of the country of origin or residence of the Band and/or each of its Band Members; (b) To be bound by these Official Rules and any other documents required by Sponsor (including, without limitation, the Entry Form and any releases and affidavits required) and by the decisions of Sponsor, the Local Contest Administrator, and any judges herein, and to waive any right to claim ambiguity in this Contest, the Official Rules (including any Local Competition Requirements) or any other documents required by Sponsor (including, without limitation, the Entry Form and any required releases and affidavits); (c) To indemnify, defend and hold harmless the Contest Entities, Facebook, and their respective officers, directors, employees, shareholders, representatives and agents (collectively, the “Released Parties”) from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses (including reasonable attorneys’ fees) arising out of or related to any statement, action or failure to act by the Band, any Band Member or any member of the Band not competing in the Contest, or any person affiliated with the Band (collectively, “Non-Contestant”) during or in connection with the Band’s or Band Member’s participation in the Contest, and/or any breach or alleged breach of these Official Rules or of any other documents required by Sponsor or related to the Creative Materials including any use thereof; and (d) Not to sue and to irrevocably and unconditionally release, waive and forever discharge the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which the Band, any Band Member or any Non-Contestant (or any of their successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity (including but not limited to the Grand Prize Performances), the acceptance, possession, misuse, improper awarding, failure to award, or use of a Local Competition Prize, Grand Prize or Runner-Up Prize, and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of the Creative Materials and any other videos and recordings made of the Band’s performances during the Contest, the Grand Prize Performances and each Band’s name, Band Member’s name, address [city and state/province], biographical information, statements, voice, photograph and/or other likeness).
- LIMITATIONS OF LIABILITY: Contest Entities are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Entry Forms, Creative Materials, Audition Songs, Finalist Songs or online votes whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, and/or for online votes not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with this Contest, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the collection and processing of the Entry Forms, Creative Materials, Audition Songs, Finalist Songs and/or the judging of the Contest, the announcement of a prize winner, or in any Contest-related materials. Sponsor may prohibit a Band or Band Member from participating in the Contest or winning a prize if, in its sole and absolute discretion, it determines that said Band or Band Member, or anyone acting in concert with such Band or Band Member, is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or unfair voting or judging practices, or intending to annoy, abuse, threaten or harass any other entrants, any judges or Sponsor’s representatives. If for any reason any portion of this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest and select the potential winning Bands either by means of (i) those eligible votes or judges’ scores (as applicable) received up to the cancellation/suspension date or (ii) Sponsor’s sole and absolute discretion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAMAGE ANY CONTEST-RELATED LOCAL FACEBOOK PAGE AND/OR HARD ROCK BRAND FACEBOOK PAGE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules, or of any Entry Form, release or any other document required herein, shall not affect the validity or enforceability of any other remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules (and the Entry Form, release or any other document, as applicable) shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. All Local Competition Requirements are incorporated in these Official Rules as though set forth in full. These Official Rules (including the Local Competition Requirements) and any other documents required by Sponsor constitute the entire understanding and agreement between each Band, Band Member and Sponsor. No other agreement, written or oral, express or implied exists between each Band or Band Member and Sponsor with respect to the Creative Materials, Official Rules or this Contest. Any modification, waiver or termination of the provisions of these Official Rules or such other documents must be authorized in writing by Sponsor. In the event of a discrepancy or conflict between the terms of the Entry Form or any Local Competition Requirements and these Official Rules, these Official Rules shall govern. Although these Official Rules, (including any Local Competition Requirements) may be available in multiple languages, the English version of these Official Rules shall prevail in the event of any conflict or difference between the English version and any version in another language. Sponsor reserves the right, in its sole and absolute discretion, to change, add to, delete from, modify or amend these Official Rules (including any Local Competition Requirements) at any time. All decisions of the Sponsor are final and binding.
- PERSONAL INFORMATION: By entering the Contest, each Band and each Band Member consents to the collection, use and disclosure of its/his/her personal information collected in connection with the Contest by Sponsor and its authorized agents and representatives for the purposes of administering this Contest. Each Band and Band Member also agrees to the use in perpetuity of such Band’s and Band Member’s name, address [city and state/province], biographical information, statements, voice, photograph and/or other likeness, on any Facebook page or website, at the Grand Prize Performances, and otherwise in connection with conducting or promoting the Contest, Grand Prize Performances and Contest Entities, without further notice or compensation. It is agreed that all personal information collected during the course of the Contest may be transferred to the U.S.A. for the purposes set forth herein. For information about how your personal information is managed, please see http://www.hardrock.com/privacy/privacy.aspx.
- DISPUTES: Except where prohibited, each Band and each Band Member agrees that: (1) 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 the appropriate Federal or state courts located in the State of Florida, USA.; (2) 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 (3) under no circumstances will any Band or Band Member be permitted to obtain awards for, and each Band and Band Member hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses against any of the Contest Entities. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each Band, Band Member and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
- RULES/WINNERS LIST: To view the most up-to-date version of the Official Rules or obtain a list of the winners, please visit http://www.facebook.com/hardrock, or email customer_care@hardock.com and request the Hard Rock Rising® The Global Battle of the Bands 2013 Official Rules or Winners List. Please specify “Rules” or “Winners List”. The complete winners list will be available on or about May 6, 2013.
- SPONSOR: Hard Rock Cafe International (USA), Inc., 6100 Old Park Lane, Orlando, FL 32835 U.S.A.
- CONTEST ADMINISTRATOR: RPMC, 23975 Park Sorrento, Suite 410, Calabasas, CA 91302 U.S.A.
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