I-92 WLWI NASH NEXT 2020 COMPETITION OFFICIAL RULES
A complete copy of these rules can be obtained at the offices of radio station WLWI (“Station”), owned and operated by Cumulus Broadcasting, LLC, located at 1 Commerce Street, Suite 300, Montgomery AL 36104, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the I-92 WLWI NASH NEXT 2020 COMPETITION (the “Competition”) substantially as described in these rules, and by participating, each participant agrees as follows:
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
1. Competition Period and Deadlines. The Competition will begin at 5:00 PM CT on August 24, 2020 and conclude at 5:00 pm CT on September 17, 2020 (the “Competition Period”). This Competition will have several periods each with associated deadlines which will each individually and collectively be adhered to and will consist of the following: (A) Artist Registration Period, (B) Fan Voting Period and (C) Judging Period. The Station’s computer is the official time keeping device for this Competition.
a. Artist Registration Period. The period of time to submit completed Registration Materials will begin at 5:00 p.m., CT on August 24, 2020 and conclude at 5:00 p.m., CT on September 17, 2020 (“Registration Period”).
b. Fan Voting Period. The period of time where fans may rate the music of each entrant will begin at 12:00 p.m., CT on September 21, 2020 and conclude at 11:59 p.m., CT on October 4, 2020 (“Fan Voting Period”).
c. Judging Period. The Judging Period will take place on October 5, 2020. Winner will be contacted and announced on October 7, 2020.
2. Eligibility. This Competition is open only to individual country music artists (each a “Solo Artist”) or county music bands with two (2) or more members (each a “Band”) in which all of the Band members individually satisfy each of the eligibility requirements set forth below. In the event any individual Band member is ineligible or disqualified for any reason, then the entire Band will be disqualified. Solo Artists and Bands entering the Competition are hereinafter referred to as “Entrants.” Entrants, individually and collectively, as the case may be, must satisfy the following eligibility requirements at all times during the Competition Period:
a. Be a legal U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United States.
b. Be at least 19 years old on August 24, 2020 (which means you must be born on or before August 24, 2001 at the time of submission of completed Registration Materials).
c. Not be an employee of Station, or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Competition judge. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Station reserves the right to remove from the Competition any person whom Station determines, in Station’s sole discretion, is sufficiently connected with the Competition or any of the entities described above, if such person’s participation in the Competition could create the appearance of impropriety. Conversely, Station reserves the right to allow any person to remain part of the Competition who may have a connection with the Competition or any of the entities described in this paragraph if, in Station’s sole discretion, Station determines that such person’s involvement in the Competition does not and will not affect the integrity of the Competition.
d. Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any of the following agreements in effect (written or oral) during or after the Competition Period:
i. A contract for talent representation by a professional talent agent;
ii. A current music recording contract; 2
iii. A current agreement relating to the use of Entrant’s name, voice and/or likeness;
iv. An exclusive acting contract; or
v. Any other contractual arrangement that would prohibit an Entrant from fully participating in the Competition, or entering into any contracts required by Sponsor, including an exclusive talent-representation contract, recording contract, music publishing contract, and merchandising contract. The Competition is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Competition. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter. To enter the Competition, (i) visit the Competition page on a Station’s Website at www.wlwi.com and (ii) click on the I-92 WLWI NASH NEXT link, and complete the entry process in accordance with the following requirements:
a. Complete a Registration Form with the requested information about the Entrant, including an email address and password. The email address and password will be used by Entrants during the Competition to establish and access their Competition Profile. Bands must identify one (1) Band member on the Registration Form as the Band’
b. During the Artist Registration Period, Entrants will submit an .MP3 and video performance of an original song using the upload tool on the Station Website for this Competition. Submissions via any other means will not qualify. An original song is one that (i) has not been recorded or published by any artist on a record label, and (ii) for which the Entrant has permission to use. Submissions must be received by 5:00 p.m., CT on September 17, 2020. Station is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected Submissions, all of which will be disqualified.
c. Review and accept these Official Rules by providing the Administrator’s electronic signature.
d. Create and complete the Competition Profile, including providing (i) a biography of Entrant; (ii) one (1) photograph of Entrant; and (iii) Entrant’s Website, Facebook, Twitter, and Instagram social media links.
d. Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration Form/Competition Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Competition Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
e. By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website or any other website used by Station to promote Competition, for public viewing. All such Registration Materials will be retained by Station and not returned to Entrants.
f. All Registration Forms must be submitted no later than 5:00 p.m., CT on September 17, 2020. Winner Selection.
4. Fan Voting Period. The Fan Voting Period will be from 12:00 p.m., CT September 21, 2020 until 11:59 p.m., CT October 4, 2020. During the Fan Voting Period, fans will be encouraged by Entrants and the Station to visit the Competition Website located at www.wlwi.com and create an account to vote the music of all Entrants during the Fan Voting Period. During the Fan Voting Period fans will have the ability to
vote up to five (5) times each day; one (1) vote per artist or band. The eligible votes received by each Entrant during the Fan Voting Period will apply to Entrant’s Fan Appeal Score. The Entrant’s Fan Appeal Score will be given substantial consideration by the judges when determining which artists will move forward to the Fan Voting Period Final Round. The Entrant’s Fan Appeal Score will be given substantial consideration by the judges when determining who will move forward as the winner in the Judging Period. One (1) Voting per Entrant per email address. Multiple fan participants are not permitted to share the same email address. Any attempt by any fan to submit more than one (1) Voting by using multiple/different email addresses, identities, registrations and logins, or any other methods will void those votes. Use of any automated system to participate in Voting is prohibited and will result in disqualification of the votes.
5. Judging Period. Judging Period will be on October 5, 2020. Winner will be contacted and announced on October 7, 2020.
Rules for Local Judging Period
On October 5, 2020 a panel of local judges will review each Entrant’s song and consider the fan voting score of each Entrant to determine the winner.
Entrants will be rated by a panel of judges in the following categories: Overall Appearance, Stage Presence, Musicianship, Originality and Song Selection. The Station in its sole discretion, along with a panel of judges, will determine the one (1) winner.
6. Grand Prize. One (1) Grand Prize will be awarded in this Competition. The Grand Prize is a Gift Card to Bailey Brothers Music Company ARV [One Thousand Dollars] ($1000.00) and potential airplay of one (1) song on Station, as determined in Station’s sole discretion. Airplay, in any amount, is not guaranteed. The Cash prize will be given to the person who submitted the entry. In the case of a Band entry, it is the responsibility of the person who submitted the entry to decide how and in what amounts to divide, or not divide, the cash prize. Station will not be responsible for deciding or mediating any dispute over the cash award between band members. Winner is responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Competition Period and listeners participating at any given time. Station reserves the right to substitute any listed prize for one of equal or greater value for any reason. There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply. 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 prize award, acceptance or use of a prize arising from this Competition will be the sole responsibility of each winner.
7. Entrant Representations. By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents, warrants and agrees that:
a. All Registration Materials and Competition Submissions provided by Entrant as part of the Competition, including but not limited to photographs, songs, video, biographical materials, graphics, and/or artwork (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos.
b. All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any supplemental materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Competition, and have waived any applicable moral rights in such materials in
favor of Entrant. The Judged Materials and supplemental materials are referred to herein collectively as the “Creative Materials.”
c. The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Station reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.
d. Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
e. Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Station’s positive image. Without limitation, Creative Materials that are deemed by Station, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Station in a negative fashion, may be disqualified. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.
f. Station reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Station believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
8. Use/Ownership. With respect to the use and ownership of all Judged Materials, each Entrant acknowledges and agrees as follows
a. The rights of each Entrant and Station shall be established by the terms of these Official Rules and by the contents of any releases entered into as required by these Official Rules.
b. Except to the extent prohibited by law, by participating in the Competition, each Entrant agrees that Station and its designees may use, publish, videotape, broadcast, distribute and display all elements of Entrant’s Judged Materials during the Competition and thereafter, as well as each Entrant’s name, biographical information (including hometown and state), statements, voice, photographs 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, promoting and conducting this Competition, without notification and without compensation of any kind to any Solo Artist or Band member or any third party. Station reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop, distribute and otherwise use the Judged Materials and any other videos and recordings made of the Entrant’s performances during the Competition in connection with advertising, promoting and conducting this Competition, the Stations and Station in any media now known or hereinafter created.
c. Station does not undertake to consider the Judged Materials in confidence and Station has not made any prior inducements, promises or representations to the Entrants regarding the Judged Materials other than as set forth in the Official Rules.
d. Participation by each Entrant in this Competition, and the accompanying submission of each Entrant’s Judged Materials to Station, shall in no way limit or restrict Station’s rights with respect to, or the use of, Judged Materials submitted by other Entrants, or otherwise developed, created or used by Station, both prior to and after the submission of each Entrant’s Judged Materials herein, and Station shall have no obligation to any Entrant with respect to such other Judged Materials. Accordingly, each Entrant acknowledges that Station’s use of other material containing elements similar to or identical with those contained in Entrant’s Judged Materials shall not entitle the competing Entrant to any compensation if Station has an independent right to use such other materials.
9. Entry Conditions and Release. By entering the Competition, each Entrant agrees: (a) to comply with and be bound by these Official Rules and Station’s decisions, which are binding and final in all matters relating to this Competition; (b) to release and hold harmless Station, Cumulus Media New Holdings, Inc., and all of its subsidiary companies, their respective advertising or promotion agencies, all Competition judges, related and affiliated companies, participating Stations, the prize suppliers and any other organizations responsible for Stationing, fulfilling, administering, advertising or promoting the Competition, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an Entrant’s entry, creation of an entry or submission of an entry, participation in the Competition, acceptance or use or misuse of a prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to Entrant’s participation in the Competition and/or Entrant’s acceptance, use, non-use or misuse of the prize.
10. Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. The Released Parties are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete Registration Materials or Competition Submissions 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 Competition, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Competition, the collection and processing of the Judged Materials, and/or the judging of the Competition, the announcement of a Grand Prize or in any
Competition-related materials. Station may prohibit an Entrant from participating in the Competition or winning a Grand Prize if, in its sole and absolute discretion, it determines that Entrant, or anyone acting in concert therewith, is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or unfair voting practices, or intending to annoy, abuse, threaten or harass any other entrants or Station’s representatives. If for any reason any portion of this Competition 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 Station or its agents, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, then Station reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Competition. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAMAGE ANY COMPETITION WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STATION 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
11. Publicity. Except where prohibited, participation in the Competition constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
12. Taxes. All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
13. General Conditions. Station reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Station in its sole discretion. Station reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. Disputes. Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Competition, shall be governed by, and construed in
accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
16. Competition Results. A winners list may be obtained within thirty (30) days after the Competition Period expires by sending a self-addressed stamped envelope to the Station identified below.
COMPETITION STATION: Cumulus Broadcasting, LLC WLWI, 1 Commerce Street, Suite 300, Montgomery, AL 36104: Attn: I-92 WLWI NASH Next 2020 Competition.