OFFICIAL HOT 97 Summer Jam MC Battle 2010 RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE.
Emmis Radio LLC d/b/a WQHT HOT 97 (“HOT 97”) will give HOT 97 listeners a chance to win the Summer Jam MC Battle Prize package courtesy of Duck Down Records and Digiwaxx in the HOT 97 Summer Jam MC Battle (the “Contest”). This Contest is governed by these official rules (“Rules”), as well as by the HOT 97 General Rules (“General Rules”) available at www. Hot97.com. In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by HOT 97 and by all other decisions of the Sponsors (as defined below), which are final and binding in all matters relating to the Contest.
ELIGIBILITY:
Geographical, Age and Parental Consent Requirements:The Contest is open only to the legal United States residents of the states of New York, New Jersey and Connecticut (collectively referred to hereinafter as the “Territory”) who are at least 18 years, at time of entry.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of HOT 97, Emmis Communications Corporation, Emmis Operating Company, Sponsors and any entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Potential entrants who have won a HOT 97 contest thirty (30) days from the date of entry or who have won prizes from HOT 97 valued over $600 in the last twelve (12) months are ineligible to participate in the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
The Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
CONTEST SPONSORS:
The sponsors of the contest are HOT 97, Boost Mobile and Duck Down Records (the “Sponsors”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, "bugs", tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
HOW TO ENTER:
The Contest begins on May 14, 2010 at the first Battle (as defined below) and ends on June 7, 2010 at the Finals (“Entry Period”). Eligible Participants can enter the Contest by competing in one (1) of ten (10) MC battles during the Entry Period (each individually, “Battle”, collectively, “Battles”). The time and location of each Battle will be broadcast on Hot 97, online at www.hot97.com and/or on flyers distributed through the Territory. Limit one (1) entry per Participant during per qualifying event. Each Battle will consist of two “rounds.” Each round will allow each Participant approx 8 bars in length, to perform a freestyle rhyme. Spectators along with a HOT 97 host and a panel of judges will select one (1) winner from each Battle for a total of ten (10) semi-finalists (“Semi-Finalists”). Judges will have the final decision. Semi-Finalists will be identified and notified upon completion of each Battle. Semi-Finalists will compete for the Grand Prize (as defined below) on June 7, 2010 at the Hot 97 Summer Jam presented by Boost Mobile in Giants Stadium (“Finals”). The Grand Prize winner will be selected by a panel of judges with audience interaction.
Entries Are the Sole and Exclusive Property of Sponsors: All rhymes performed during the Contest and any other Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon performance. They will not be returned and may be used by any Contest Entity for any purpose whatsoever related to the Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest, including, but not limited to the following: (1) incorrect, incomplete or inaccurate entry information; (2) human errors; (3) failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software; (4) inability to send a text-message; (5) identity theft; (6) tampering, destruction or unauthorized access to, or alteration of, entries or computer data; (7) network hackers or other unauthorized access to Sponsors' computer network; (8) data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks; (9) printing errors; (10) equipment malfunctions; and (11) late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries. False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
JUDGING CRITERIA/WINNER SELECTION:
All eligible entries will be judged on the criteria set forth online at www.hot97.com. Such criteria shall also be posted at each store hosting a Battle and will be provided to participants at each Battle. Obscene language, profanities or derogatory slang are STRICTLY PROHIBITED during the Battles and Finals. Usage of any such language will result in immediate disqualification from the Contest. Physical contact between Participants during the Contest is strictly prohibited and will result in disqualification from the Contest. Each Participant must remain in their assigned areas during the Battles and Finals. Once selected, Semi-Finalist must be available to compete at the finals or they will be disqualified. In the event of a no-show, Participants will be disqualified.
PRIZES:
Ten (10) Semi-Finalists will be awarded two (2) tickets to Summer Jam and a chance to compete in the Finals. Approximate retail value (“ARV”) of each ticket is $85.00. ARV is $1,700 ($85 x 20).
Grand Prize: One (1) winner will receive a grand prize (“Grand Prize”) consisting of one (1) 5 Hour studio recording session of 1 original song at Duck Down Records Studio with a feature from artist Buckshot (“Song”) plus two (2) front row tickets to Summer Jam Festival. Song will appear on www.duckdown.com, Duck Down Record’s home page with a feature on the MC Battle winner. The Song will be promoted via online marketing by Duck Down Records’ marketing team at allhiphop.com, Hiphopgame.com etc. The Grand Prize is courtesy of Duck Down Records (ARV of Grand Prize is $2,330).
ARV of all prizes is $4,030.00
Prizes are awarded “as is” without any warranty or guarantee. Any prize details not specified above will be determined by the Sponsors in their sole discretion. Prizes are not transferable, assignable or refundable and must be accepted as awarded. No cash or other substitution may be made, except by the Sponsors, who reserve the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsors in their sole discretion. The winner is responsible for any and all other costs and expenses not listed above.
TAXES:
The winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes) in connection with the receipt by of the prize. Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their Summer Jam 2010 event tickets (prize) prior to June 5th, 2010 at HOT 97’s business office located at 395 Hudson Street, 7th Floor, New York, New York 10014. The prize may be picked up any time between the hours of 9:00 a.m.-5:00 p.m. Eastern Standard Time Monday-Friday but excluding holidays. The Sponsors have the right in their sole discretion to mail the prize to the winner. The Grand Prize Recording session will be coordinated with the winner within one year of awarding the Grand Prize and expires on June 7, 2011. The Grand Prize will be delivered when recorded Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being receiving a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors' sole discretion. A potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, he/she will be disqualified and an alternate entrant may be selected in his/her place. If a potential winner is a minor, his/her parent or legal guardian must sign the Affidavit/Release on the potential winner’s behalf.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from HOT 97 in writing, will automatically forfeit the prize. HOT 97 reserve the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the HOT 97 General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules and the HOT 97 General Rules. Participants are the sole creator and owner of their lyrics and/or rhymes; and the Materials (as defined below) or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy). “Materials,” as used in this subsection means lyrics and rhymes in whatever form now known or hereinafter devised. Sponsor’s acceptance and/or utilization of the Materials hereunder shall not constitute a waiver of Participant’s representations, warranties or agreements in respect thereof, or a waiver of any of Sponsor’s rights or remedies.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants and guests agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE the Contest Entities (defined above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that Participants or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Participant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Additionally, as consideration for entering the Contest, all Participants and guests agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
The Released Parties shall not be liable to Participants or winner or any other person for failure to supply the prizes or any part thereof, by reason of any acts of God, any actions(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation, interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond the Released Parties’ control. The Released Parties’ shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to HOT 97 and the other Contest Entities (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose HOT 97 and/or the Contest Entities deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
LICENSE
By participating in the Contest, Participants, Semi-Finalists and the Grand Prize winner irrevocably grants to the Contest Entities the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the Battle and Finals lyrics, performance and or rhymes throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, ring tones and cable and satellite transmissions, without payment of any compensation to Participants in connection with the Contest.
DISQUALIFICATION:
All Participants and guests agree to be bound by these Rules. Non-compliance with any of these Rules may result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in their sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Sponsors reserve the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of New York and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest. GENERAL RULES/LIST OF WINNERS:
Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: HOT 97 Summer Jam MC Battle 2010 Rules and/or Official Contest General Contest Rules, 395 Hudson Street, 7th Floor, New York, New York 10014. These Rules and the General Rules may also be found at www.HOT 97.com. For a list of any Contest winners send a self-addressed, stamped envelope to: HOT 97 Summer Jam MC Battle 2010's Winners List, 7th Floor, 395 Hudson Street, New York, New York 10014.
SPONSORS:
Emmis Radio LLC d/b/a WQHT HOT 97 395 Hudson Street, 7th Floor New York, New York 10014
Boost Mobile, LLC 9060 Irvine Center Drive Irvine, CA 92651
GRAND PRIZE SPONSOR:
Duck Down Records 341 Lafayette Street, Suit 571 NY NY 10012
LEGAL: Offer available only at participating locations. Restrictions apply. Coverage not available everywhere. ©2010 Boost Worldwide, Inc. All rights reserved. Boost, Boost Mobile and the Logo are trademarks of Boost. BlackBerry®, RIM®, Research In Motion®, SureType®, SurePress™ and related trademarks, names and logos are the property of Research In Motion Limited and are registered and/or used in the U.S. and countries around the world.