OFFICIAL HOT 97 x Big Pepsi Freestyle Challenge Terms and Conditions
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
MediaCo Holding Inc. d/b/a HOT 97 (“Hot 97” or “MediaCo”) wants to give social media followers and listeners a chance to compete to win a prize in the HOT 97 x Big Pepsi Freestyle Challenge (the “Contest”). This Contest is governed by these Terms and Conditions, as well as by MediaCo’s Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Terms and Conditions and the General Rules, these Terms and Conditions 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 Terms and Conditions and to the extent applicable the General Rules, as well as by all interpretations of these Terms and Conditions by MediaCo and by all other decisions of MediaCo, which are final and binding in all matters relating to 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):
All contests are 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.
The sponsor of the Contest is MediaCo (the “Sponsor”).
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.
Geographical, Age and Parental Consent Requirements: The Contest is open to the legal United States residents of all fifty (50) States except that residents of Florida are not eligible to enter the Contest. Residents of Alabama and Nebraska must be at least 19 years of age or older at the time of entry. Residents of Mississippi must be at least 21 years of age or older at the time of entry. Residents of all other states must be at least 18 years of age or older at time of entry. If Participant has not reached the age of majority in the State or Commonwealth of his/her residence, Participant is not eligible to participate in the Contest. Sponsor reserves the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of MediaCo, Emmis Communications Corporation, Emmis Operating Company, Emmis Radio, LLC, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of this 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 this 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, cohabitation or other familial extension.
Past Prize Winners: Participants who have won a MediaCo contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if the Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
The Contest Phase 1 Rap Performance entry period begins on Tuesday, October 27, 2020 at 8:00:00am ET and ends on Friday, November 6, 2020 at 11:59:59pm ET (the “Rap Performance Entry Period”). For purposes of the Contest, ET on any particular day shall mean the applicable local time in New York City, New York on that day. Sponsors are the official time keepers of the Contest. Eligible Participants can enter in the following way:
Via the Internet:
During the Rap Performance Entry Period, eligible Participants must go to hot97.com/bigpepsi and follow the entry instructions to complete the Contest entry form fields and post or upload their best original rap performance video using the beat provided by Sponsor to Youtube, Instagram, Twitter, Facebook or Tik Tok. All rap performance videos posted on social media must include the following three (3) hashtags to be considered entered in the Contest: #bigpepsifreestyle, #hot97contest, #topshelffreestyle. Videos must be set to be visible publicly.
All Participants must accurately follow instructions, including specific hashtags (#), and/or complete all required fields, or their Contest Submission may be deemed invalid in Sponsor’s sole discretion. In order to participate, you will need Internet access and a valid email address and to establish a free account on one or more of the social media platforms listed. Limit one entry Submission per person. A Participant may post their rap performance video via multiple platforms, but it will only count one time. For purposes of this Contest, the term “Submission” shall refer to and include (a) the rap performance video submitted by a Participant during the Rap Performance Entry Period, (b) the information contained in a completely and accurately filled out Contest entry form; and (c) the Finalist Submission, if the Participant is selected as a Finalist. Only Participants who timely and correctly enter Phase I will be eligible for consideration in Phase II. Refer to Judging Criteria/Winner Selection section below.
In consideration for Participant’s ability to participate in the Contest, Participant irrevocably grants to Sponsor and any person acting with Sponsor’s consent or on behalf of Sponsor the perpetual, worldwide, assignable, sublicensable, and royalty-free right and license, without any liability to any person or entity, to reproduce, perform publicly, display, create derivative works from, edit, adapt, transmit, distribute, exhibit, communicate, make available, and otherwise exploit the Submission(s) , and your name, voice, likeness, and any other identifying information included in the Submission(s) , and in any and all advertising and promotion relating to the Submission(s) as Sponsor determine in their sole discretion, in any medium and in any manner, now or hereafter known or developed, including, without limitation, if applicable, radio and television broadcasts, internet, social media platforms, podcasts, cable and satellite transmissions, smart speakers, and wireless or other digital media, without notice to, consent of or payment of any compensation to Participants. For the avoidance of doubt, the rights and license granted to Sponsor by Participant under these Terms and Conditions include, without limitation, the right and license to: (i) post and make available for public performance, distribution, public display, or download on any digital platform any Submission; (ii) allow any Participant to reproduce, publicly perform, display, transmit, distribute, create derivative works from, or otherwise exploit all or any part of any other Participant’s Phase I Submission for the purpose of creating and submitting a Phase II Submission in connection with the Contest; and (iii) post, upload, or publish any such adapted or modified Submission to any digital platform, including, without limitation, any internet web page or any of Sponsor’s media platforms.
Entries Are the Sole and Exclusive Property of Sponsor: All Contest entries and/or related Submissions become the sole and exclusive property of the Sponsor upon transmission. Contest entries and Submissions will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional notice to, consent from or compensation to the Participant or any other individual or entity.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that other than with respect to ownership of, and rights in, a Phase I Submission incorporated into Participant’s Phase II Submission, he/she is the exclusive owner of all copyright and any other intellectual property or other proprietary rights in this/her Submission(s). Participant further represents and warrants that he/she has the right to grant to any third party the rights and licenses granted under these Terms and Conditions, including, without limitation, the rights to use, reproduce, distribute, perform publicly, display publicly, edit, adapt, transmit, communicate, and create derivative works from the Submission(s). All Submissions must have appropriate clearances, permissions, and releases PRIOR to uploading, or they may be eliminated from the Contest. For the avoidance of doubt, and solely except for the portion of a Phase II Submission that consists of a Phase I Submission, any Submissions must consist exclusively of original material created by the Participant making the Submission, including, without limitation, any musical compositions included as part of the Submission. Any unauthorized samples or performances of another’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend, and hold Sponsor harmless, as described in these Terms and Conditions. Sponsor may transmit any Submissions on-demand on Sponsor’s or their affiliates’ websites or other media platforms. Sponsor are not responsible for paying any internet or other music royalties on any Submission.
Obscene or Indecent Content: Any Submission containing obscene, indecent, or objectionable material (as determined by Sponsor in their sole discretion) will be disqualified.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, provide false, fraudulent or deceptive Submissions or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and may be subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor 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:
Incorrect, incomplete or inaccurate entry information;
Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send/receive a text-message, email or other communication in connection with the Contest;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsor’s computer network;
- 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;
- Printing errors;
- Equipment malfunctions;
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries; and
- Failures of Submissions to transmit to Sponsor for any reason.
There will be a total of one (1) prize awarded in the Contest. One (1) First Place Prize (described below) will be awarded to the Participant who creates the original rap performance that is selected as the First Place winner of Phase III.
Interview and listening session with DJ Enuff & The Heavy Hitters
4 Nights of studio time, engineer included at Audiomack Studios (Max 3 hrs/night; 12 hrs total)
1 week WQHT Digital marketing support, including:
– Social media ads
– Playlist pitching
Total Value: $1,500 USD
No transfer, assignment or substitution of a prize is permitted, except Sponsor reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. No other prize substitutions will be made.
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). 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.
JUDGING CRITERIA/WINNER SELECTION:
Phase I: Selection of Sixteen (16) “Bars” Rap Performance Semi-Finalists by Talent Judges
All eligible Submissions of original rap performances submitted by eligible Participants during the Rap Performance Entry Period will be voted on by the Talent Judges, a panel of WQHT DJs. Eligible Submissions will be chosen based on the following three (3) criteria categories and scoring:
The sixteen (16) Participants earning the highest scores in Phase I from the Talent Judges according to these criteria (the “Semi-Finalists”) will advance to Phase II. In the unlikely event that there is a tie for the 16th Semi-Finalist position, the tied Submissions will be re-judged by the Talent Judges using the same criteria as above and the Submission receiving the highest score will be selected as a Semi-Finalist. The judging in Phase I of all eligible Contest Submissions submitted during the Rap Performance Entry Period and the notification to the Semi-Finalists will be completed on or about Sunday, November 8, 2020. Contest Semi-Finalists will be notified via direct message, email or phone.
Phase II: Bracket Voting By Audience
The sixteen chosen Semi-Finalists from Phase I will be placed in an online bracket (via second street) to be voted by our online audience down to two (2) Finalists. Audience members will vote for their favorite Semi-Finalist in each paired bracket. The Semi-Finalist in each paired bracket receiving the highest number of votes from the audience will advance to the next round of voting in a new paired bracket.
Voting will occur as follows:
November 9th, 2020 – 12:00:00am ET – 11:59:59pm ET– All 16 Semi-Finalists in 8 pairings selected by Sponsor
November 10th, 2020 – 12:00:00am ET – 11:59:59pm ET – 8 Semi-Finalists receiving the highest vote count in their prior day’s pairing in 4 new pairings selected by Sponsor
November 11th – 12:00:00am ET – 11:59:59pm ET – 4 Semi-Finalists receiving the highest vote count in their prior day’s pairing in 2 new pairings selected by Sponsor
Phase III: Judging of Two (2) Finalists to Determine the First Place Winner
In Phase III, the two Finalists selected in Phase II will each create a new, original rap performance of no more than five (5:00) minutes in duration, set to a beat provided by HOT 97 and complying with all requirements set out in the License section of these Terms and Conditions (the “Finalist Submission”). A panel of judges composed of four (4) experienced hip hop music industry DJs (“The Heavy Hitters”) will each cast one (1) vote for the best rap performance cypher from among the two (2) Finalists. The Finalist with the most votes out of these four (4) available votes will become the Contest First Place Prize winner. In the unlikely event of a tie during this Finalist Phase III, the Finalist with the highest score from the Talent Judges in Phase I will win the tie. In the unlikely event of a further tie, the Finalists Submissions will be rejudged by the Talent Judges and the Finalist receiving the most votes of the Talent Judges will be the First Place Winner.
The First Place winner of the Contest will be announced on-air and online via HOT 97’s social media on Friday, November 13, 2020 at or around 9:00am ET (time and date subject to change).
The Finalists will be notified as soon as reasonably practicable following the closing of judging in the applicable rounds. First Place winner will be notified by Sponsor by direct message, email or by phone.
HOW TO CLAIM A PRIZE:
Prerequisites to Prize Award: Prior to being awarded a prize, winner is 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 according to the instructions provided at or after winner notification. The social security number will be used for tax-reporting purposes. Sponsor reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsor’s sole discretion.
Winner is required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded according to the instructions provided. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Any winner who fails to claim a prize in accordance with the instructions and timelines provided or as specified in these Terms and Conditions for any reason, and fails to obtain an extension from MediaCo, will forfeit the prize. MediaCo reserves 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 Sponsor that: (i) he/she meets the residency, age, and any other eligibility requirements to enter the Contest at the time of entry; (ii) he/she will be bound by these Terms and Conditions and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; (iii) he/she waives any rights to claim ambiguity with respect to these Terms and Conditions and the General Rules; (iv) [other than with respect to ownership of, and rights in, a Phase I Submission incorporated into Participant’s Phase II Submission, he/she is the sole author, creator, and owner of the Submission(s), is the exclusive owner of all copyright, trademark, and any other intellectual property or proprietary rights in such Submission(s), and no one else has any ownership rights; (v) other than with respect to rights in a Phase I Submission incorporated into Participant’s Phase II Submission, he/she has the right, power, and authority to grant the rights and licenses granted under these Terms and Conditions, including, without limitation, the right, power, and authority to grant to any third party the rights and licenses granted under these Terms and Conditions, including, without limitation, the rights to use, reproduce, distribute, perform publicly, display publicly, edit, adapt, transmit, communicate, and create derivative works from the Submission(s); (vi) Sponsor’s use of the Submission(s) will not violate any law and will not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, or other intellectual property rights, rights of publicity, and rights of privacy); and (vii) no consents from, or payments to, any third party are required for Participant’s grant of rights to Sponsor hereunder or by Sponsor’s exercise of such rights. Sponsor’s acceptance and/or utilization of the Submission(s) 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, on behalf of themselves and their agents, attorneys, successors, assigns, heirs, representatives, next of kin, and any other person acting on their behalf, agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE MediaCo, Emmis Radio, LLC, Emmis Communications Corporation, Emmis Operating Company, PepsiCo, Inc., Pepsi-Cola Company and its bottlers, The Fader, the other Contest Entities (as described 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, intellectual property infringement and other 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 attorneys’ 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, 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.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, demands, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to intellectual property infringement or other tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy, libel, and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims, false light actions, moral rights actions, and trade secret misappropriation actions), expenses, and attorneys’ 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.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram or any other social media platform. By submission of an entry, Participant releases Facebook, Twitter, Instagram, and all social media platforms from any responsibility or liability for the Contest’s administration, prizes or promotion. You are providing entry information to the Sponsor and not to Facebook, Twitter, Instagram, or any other social media platform.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to MediaCo and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and his/her participation in the Contest on-air, on their website(s), on mobile apps, in podcasts, and/or via smart speakers 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 MediaCo and/or the Released Parties deem proper. Such reference and discussion may involve Participant’s name, likeness, and voice, and other personal/biographical material or his/her participation on-air.
All Participants agree to be bound by these Terms and Conditions. Non-compliance with any of these Terms and Conditions will result in disqualification, and all privileges as a Participant will be immediately terminated. Sponsor, 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 ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsor reserves the right in its sole discretion to supplement or make changes to these Terms and Conditions as well as the rules of any contest at any time without notice. Sponsor reserves the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all Participants.
AGREEMENT TO ARBITRATE:
To the fullest extent permitted by law, by participating in the Contest, a Participant understands and agrees that:
- the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law);
- any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations);
- 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 and under no circumstances will Participants be permitted to obtain awards for attorneys’ fees, and Participants hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased;
- any claim or dispute regarding the Contest or these Official Terms and Conditions will be resolved pursuant to the laws of Indiana, without regard to the conflicts of laws and rules of Indiana;
- any claim or dispute regarding the Contest or these Official Terms and Conditions shall be resolved exclusively in a tribunal within the state of Indiana, and Participants submit to the jurisdiction of, and waive all objections to the jurisdiction or venue of, such tribunal; and
- if for any reason a claim or dispute regarding the Contest or these Official Terms and Conditions proceeds in court rather than through arbitration, there will not be a jury trial.
- The illegality, invalidity, or unenforceability of any provision of these Official Terms and Conditions, including but not limited to the agreement to arbitrate, shall not affect the legality, validity, or enforceability of any other provision. If any such provision is determined to be illegal, invalid, or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the illegal, invalid, or unenforceable provision was not contained herein.
GENERAL RULES/LIST OF WINNERS:
Copies of these Terms and Conditions and/or the General Rules may be obtained by sending a self-addressed stamped envelope to: HOT 97 x Big Pepsi Freestyle Challenge Rules and/or Official Contest General Contest Rules, 395 Hudson St, 7th Floor, New York, NY 10014. These Terms and Conditions and the General Rules may also be found at https://hot97.com/bigpepsi For a list of any Contest winners send a self-addressed, stamped envelope to: HOT 97 x Big Pepsi Freestyle Challenge Winners List, 395 Hudson St, 7th Floor, New York NY 10014.