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“The Last Band Standing Eugene 09” Contest
Official Promotional Rules
A complete copy of these rules can be obtained at the offices of radio stations KZEL-FM and KNRQ-FM (the “Stations”) owned and operated by Cumulus Broadcasting LLC, 1200 Executive Parkway Suite 440, Eugene, OR 97401, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Stations will conduct The Last Band Standing Eugene 09 Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. No purchase is necessary. Void where prohibited. All federal, state and local rules and regulations apply.
2. Only legal U.S. residents age 18 or older with a valid Social Security number at the time of entry are eligible to participate in Station contests. This Contest is open to musical groups comprised of two (2) or more members who perform original music “live” on stage only. Those not eligible to participate or win include musical groups performing non-original works or “covers,” solo artists, or employees, agents, representatives, or affiliates of the Stations, Cumulus Broadcasting LLC, and their respective affiliates, participating sponsors, and their immediate family members and household members. The term “immediate family members” includes spouses, parents, siblings, grandparents, children, grandchildren and cohabiting significant others.
3. An individual may win an on-going contest only once per six-month period unless otherwise specifically stated. An individual may win other seasonal or one-time contests only once for the duration of the contest.
4. The contest will begin on Thursday, March 11, 2009 and will run through Wednesday, June 10, 2009 (the “Contest Period”).
5. To participate, musical groups should complete and submit an entry packet to the Stations, which must include a sample of the musical group’s original music either in hard copy or via an Internet web link. Entry packet may be obtained on the KNRQ website (www.nrq.com), the KZEL website (www.96kzel.com), or in person at the Stations, 1200 Executive Parkway Suite 440, Eugene, OR 97401, during normal business hours Monday through Friday. Entry packets and materials submitted to the Stations will not be returned. One submission per musical group. The Stations will not accept entries from musical groups whose original works contain offensive content, as determined by the Stations in their sole discretion. Entry packets must be received by March 19, 2009 at 5:00 p.m. Late or incomplete entries will not be accepted.
6. The Stations will review all eligible entries and select, in their sole and absolute discretion, a total of thirty-two (32) musical groups to participate in the Contest. Eligible musical groups selected to participate will be announced on the Stations’ Morning Shows on March 20, 2009 sometime between 6:00am and 10:00am. Musical groups will also be notified by telephone on March 20, 2009. If the Stations cannot reach a musical group to confirm their participation in the Contest within forty-eight (48) hours of being announced on the Stations, the musical group will be disqualified and another eligible musical group will be selected to participate in the Contest.
7. There will be three (3) rounds of competition to determine the winning musical group. The first round will take place over eight (8) consecutive Wednesday nights, and the semi-final round will take place over the following two (2) consecutive Wednesday nights, according to the schedule below. The final round will take place on Wednesday, June 10, 2009. All competitions will take place at Rock N Rodeo & Charros Restaurant, 44 East 7th Ave, Eugene, OR 97401.
Wednesday 4/01/09 8:00pm-11:00pm Week 1 of Competition
Wednesday 4/08/09 8:00pm-11:00pm Week 2 of Competition
Wednesday 4/15/09 8:00pm-11:00pm Week 3 of Competition
Wednesday 4/22/09 8:00pm-11:00pm Week 4 of Competition
Wednesday 4/29/09 8:00pm-11:00pm Week 5 of Competition
Wednesday 5/06/09 8:00pm-11:00pm Week 6 of Competition
Wednesday 5/13/09 8:00pm-11:00pm Week 7 of Competition
Wednesday 5/20/09 8:00pm-11:00pm Week 8 of Competition
Wednesday 5/27/09 8:00pm-11:00pm Week 1 of Semi-Finals
Wednesday 6/03/09 8:00pm-11:00pm Week 2 of Semi-Finals
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Wednesday 6/10/09 8:00pm-11:00pm FINALS
The Stations will determine the dates and order in which each musical group is to perform and musical groups must be ready and available to perform on their scheduled dates, in their scheduled order, and on time. Groups not available and ready to perform as scheduled will be disqualified and eliminated from further competition.
8. On each Wednesday during the first round of competition, four (4) musical groups will compete against one another by each playing a twenty (20)-minute set of original music on stage before a live audience. Any musical group going over the 20-minute allotment, disregarding the directions of Station management, or engaging in inappropriate, lewd or offensive conduct as determined by the Station will be disqualified and eliminated from further competition. At the conclusion of the four performances, audience members will “vote” for the winning musical group by placing their event ticket into a box designated for the musical group. One “vote” per audience member. Voting will end at 11pm on each night of competition. The musical group with the most “votes” will advance to the semi-final round. A total of eight (8) musical groups will advance to the semi-final round of competition.
9. On each Wednesday during the semi- round of competition, four (4) musical groups will compete against one another by each playing a twenty (20)-minute set of original music on stage before a live audience. Any musical group going over the 20-minute allotment, disregarding the directions of Station management, or engaging in inappropriate, lewd or offensive conduct as determined by the Station will be disqualified and eliminated from further competition. At the conclusion of the four performances, audience members will “vote” for the winning musical group by placing their event ticket into a box designated for the musical group. One “vote” per audience member. Voting will end at 11pm on each night of competition. The two (2) musical groups with the most “votes” will advance to the finals. A total of four (4) musical groups will advance to the final round of competition.
10. On Wednesday, June 10, 2009, the four finalists will compete against one another by each playing a twenty (20)-minute set of original music on stage before a panel of three (3) judges to be selected by the Stations. At the conclusion of the four performances, the judges will determine the “Last Band Standing” based on the musical group’s performance, originality, and overall musical merit. The decision of the judges is final. If it is determined that the winning musical group is not eligible to receive the grand prize, in the Stations’ sole judgment and discretion, then the musical group finishing in second place will be selected for eligibility consultation. In the unlikely event that neither finalist is found to meet the eligibility qualifications, then the prize will go un-awarded. In the event of a tie, the winner will be determined by and at the Stations’ sole discretion.
11. One (1) grand prize will be awarded to the winning musical group. The grand prize package consists of the following: (i) Up to forty (40) hours of studio recording time, complete with production engineers, at TOP SECRET PRODUCTIONS to record the winning group’s original compositions for a subsequent digital release (i.e., iTunes, rhapsody, napster, etc.) of a three (3) song mini-ep on topsecretrecords.net. All studio recording time must be used on or before December 31, 2009 or will be forfeited. Valued at $7,500; (ii) Car Stereo System from a Sound Choice. Valued at $1,500; (iii) Car Stereo System from Brads Car Tunes. Valued at $1,000; (iv) Coffee Cash from Dutch Bros. Valued at $500; (v) Clothing from PULPIT. Valued at $400; (vi) NINKASI gear. Valued at $500; (vii) Year of oil changes at Midas (Max. 12 oil changes). Valued at $300; (viii) $500 Guitar Center gift certificate; and (ix) $500 Les Schwab gift certificate. Total value of grand prize $12,700. Musical group members will be responsible for allocating elements of the grand prize among group members, and neither the Station nor Cumulus shall be responsible or liable to any member for any claims, damages, disputes, or losses as a result thereof.
12. All State, Local, Federal and or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winners. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
13. All prizes are awarded “as is.” Prizes are nontransferable and cannot be exchanged.
14. Neither the Station nor Cumulus Broadcasting LLC, its parent, subsidiaries, affiliates, members, directors, officers, employees, agents or representatives shall be responsible for the failure of participating sponsors to deliver the prizes or any part thereof as described herein.
15. All entrants and winners agree that the Station, Cumulus Broadcasting LLC, and their parent, subsidiaries, affiliates, members, directors, officers, employees, agents and representatives shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in, winning, or losing any contest and/or by the use or non-use of any prize received in connection with this contest.
16. All prizes must be claimed in person by all members of the winning musical group at one time at the Stations at the address identified above during regular business hours and within ten (10) business days of winning, excluding holidays. After such time, ownership of said prize reverts back to Cumulus Broadcasting LLC to be disposed of at its discretion. The winners then lose all claims and rights to said prize.
17. Proper identification must be presented by each member of the winning musical group. As a condition to receiving the prize, any each potential winner must complete and sign a Winner’s Affidavit and Release, releasing the Station, Cumulus Broadcasting LLC, its parent, subsidiaries, affiliates, members, directors, officers, and employees from all liability in connection with winner’s participation in the contest, acceptance, and use or non-use of the prize.
18. All entry blanks, forms, devices, and materials gathered during the course of entry, as well as all information contained on or within, shall become the sole property of the Stations and Cumulus Broadcasting LLC to be used, disposed of or destroyed in their sole discretion. The Stations and Cumulus Broadcasting LLC are not responsible for any incorrect or inaccurate information entered by website users, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Stations’ website.
19. All entrants and winners, individually and as a musical group, agree to give the Stations and Cumulus Broadcasting LLC, and their licensees, affiliates, successors, and assigns the irrevocable and unrestricted right to use, re-use, broadcast, or publish the winner’s and group’s names, city of residence, photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched or distorted in character or form, and winner’s voice, recorded or live, for any reason the Stations deems necessary without compensation, unless prohibited by law. All winners release, discharge, and agree to save harmless Cumulus Broadcasting LLC and its parent, subsidiaries, affiliates, members, directors, officers, employees, agents and representatives from any and all claims they may have against the Stations or Cumulus Broadcasting LLC in connection with the taking, production, or the use of winners’ and group’s name, city of residence, any photo, video tape, film or any other likeness, including portraits and pictures, in whole or in part, as part of a composite, retouched, or distorted in character or form and without restrictions as to any changes, transformations or alterations, and including winners’ voices, recorded or live. All winners further acknowledge that Cumulus Broadcasting LLC owns or will own exclusively any photographs of such winners used for such purposes, including the copyrights in them, regardless of the form in which they have been or may be produced and used, and all winners assign all such ownership rights to Cumulus Broadcasting LLC.
20. By participating in the Contest, each participant agrees to receive email communications from the Stations regarding Station events and contests. Any participant that opts-out of these mailings will also remove themselves from the contest. By participating in the Contest, where allowed by law, participants agree that the Stations may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
21. By participating in the Contest, participants agree to be bound by the decisions of Station personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Stations will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Stations’ decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Stations, the Stations reserve the right to terminate this Contest, or make such other decisions regarding the administration or outcome as the Stations deem appropriate. All decisions made by the Stations are final. The Stations may waive any of these rules in their sole discretion. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITES, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE STATIONS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
22. The Stations reserve the right to limit the number of times an individual may enter a contest or drawing.
23. The Stations reserve the right to require contestants to be present at drawings in order to win their prize.
24. A winners list may be obtained after June 15, 2009, by sending a self-addressed stamped envelope to the following address: 1200 Executive Parkway Suite 440, Eugene, OR 97401
25. Participating Sponsors are: Topsecretrecords.net, Shag Boutique, Ninkasi Brewing, Rock and Rodeo, Brad’s Car Tunes, Dutch Brothers Coffee, Taco Bell, Les Schwab, Pulpit Clothing, A Sound Choice, Midas of Eugene, Guitar Center, StepUp Creations, and Shoes Right Here.