OFFICIAL WHO’S NEXT PERFORMER AND CURATOR RULES
MediaCo Holding Inc. d/b/a WQHT HOT 97 (“HOT 97” or “MediaCo”) is giving HOT 97 followers a chance to win prizes in the Who’s Next Performer and Curator Contest (the “Contest”). This Contest is governed by these Rules, as well as by MediaCo’s Official General Contest Rules (“General Rules”). 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 MediaCo and by all other decisions of MediaCo which are final and binding in all matters relating to the Contest.
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.
The sponsor of the contest is MediaCo (the “Sponsor”).
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Sponsor reserves 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 the Contest. The decision of Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents of the continental United States. Participants must be at least eighteen (18) years of age or older at time of entry in order to participate in the Contest.
If a Participant in the Contest has not reached the age of majority in the jurisdiction in which the Participant resides, but is at least eighteen (18) years of age at the time of entry, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsors reserve 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 Holding Inc., Emmis Radio, LLC, Emmis Communications Corporation, Emmis Operating Company, Heir Apparent, Inc. and any other 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: Participants who have won a HOT 97 contest in the last thirty (30) days or who have won prizes from Sponsor 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 this Contest or receiving prizes if Participant is participating in this Contest in violation of his or her employer’s policies.
HOW TO ENTER:
For the music submission portion of the Contest, the entry period begins on April 20th, 2020 at approximately 12:00PM ET and ends on June 13th, 2020 at approximately 11:59PM ET (the “Music Submission Entry Period”). Participants acknowledge that Sponsor also reserves the right, but not the obligation, to include music submissions in the Contest that were received by Sponsor through the Who’s Next Web App between April 1, 2020 and the beginning of the Music Submission Entry Period. For the music curation portion of the Contest, the entry period begins on April 20th, 2020 at approximately 12:00PM ET and ends on June 15th, 2020 at approximately 11:59AM ET (the “Music Curation Entry Period”). Eligible Participants can enter in the following different ways:
During the applicable entry period, eligible Participants can enter in the following different ways:
Via the Internet
During the applicable entry period (either the Music Submission Entry Period or the Music Curation Entry Period, as applicable), eligible Participants can access the Who’s Next Web App by visiting WhosNext.Hot97.com or through a link or button located at www.Hot97.com/WhosNext. Participants who want to enter the Contest need to create a Who’s Next Web App account or log in to their previously created Who’s Next Web App account when prompted to either “Rate Music” or “Submit A Track.
- To Submit Music: Participants who click or tap “Submit A Track” must follow the prompts to create or log in to an account and submit a link to a public YouTube video or Soundcloud song containing Participant’s original music (the “Submission”). A fee of twenty dollars ($20) made through Stripe is required to complete the upload of each Submission.
Following payment, eligible Submissions, distributed on a random basis, will be available to be rated by Participants who choose to “Rate Music.”
- To Rate Music: Participants who create or log in to a previously created Who’s Next Web App account will be able to rate Submissions by following prompts to listen to a track and select an emoji (fire emoji, wrench emoji, or trash can emoji) that best expresses the Participant’s reaction to that Submission. All Participants must create, or have previously created, a Who’s Next Web App account and accurately complete all required fields or entry will be deemed invalid. In order to participate, you will need Internet access and a valid email address.
Original Content; Ownership: Each Participant, by participating in the Contest, represents and warrants that they are the exclusive owner of the copyright and all other proprietary rights in their Submission. Participant further represents and warrants that they have the right to grant to any third party the right to use, reproduce, distribute, perform and display the Submission. All Submissions must have appropriate clearances, permissions and releases PRIOR to uploading or may be eliminated from the Contest. Any song submissions must be original material. Any unauthorized samples or performances of another artist’s material could be subject to fines, royalty fees, and/or legal action for which Participant agrees to indemnify, defend and hold Sponsor harmless. Sponsor may stream any Submission on-demand on Sponsor’s or its affiliates’ websites. Participant agrees that Sponsor is not responsible for paying any internet or other music royalties on any Submission.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsor, in its sole discretion, 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.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Sponsor, the Sponsor is 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;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Inability to send a text-message;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Sponsors’ 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; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
PRIZES: Participants Who Submit Music: Weekly during the Music Submission Entry Period of the Contest, the eligible Participant who submits the winning Submission for that week will receive a digital promotion prize. The digital promotion prize has an approximate retail value of zero dollars ($0). The digital promotion prize will occur on or around the Wednesday after winner selection. Specific details of the digital assets included in the digital promotion prize shall be determined in Hot 97’s sole discretion, but will include:
- Feature on Who’s Next page on the HOT 97 website
- Inclusion in SLANG new artist compilation
- Complimentary Slang Media account creation
- Social media posts on Hot97 social platforms encouraging people to “check out this track”
- 1 Feature on HOT 97 Now
- 1 Who’s Next Web App Leaderboard Live mention
- 5-minute pitching opportunity on Hot 97’s Instagram live
Slang Media is the sole prize provider for the SLANG new artist compilation and complimentary Slang Media account creation. There will be a total of eight (8) digital promotion prizes awarded to eligible Participants during the Contest.
Participants Who Rate Music (“Curators”):
The top eligible Curator on the Curator Leaderboard on Mondays at 11:59AM ET (as explained in more detail herein) during the Contest Music Curation Entry Period will be listed on the HOT 97 Who’s Next website and will win two hundred fifty dollars ($250). There will be a total of eight (8) Curator prizes of two hundred fifty dollars ($250) each awarded during the Contest.
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. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
TAXES: Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in MediaCo contest 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.
PART ONE – WEEKLY ARTIST WINNERS
Participants Who Submit Music:
Once uploaded to Hot 97 Who’s Next Web App, Submissions may be rated by Curators who will select an emoji (fire emoji, wrench emoji, or trash can emoji) that best reflects the Curators’ reaction to that Submission. Curators should base their rating on overall music quality. Submissions will appear on a Leaderboard based upon their ranking: for Submission points, the ranking is an average of the Submission’s votes given by Curators (where fire emoji =100, wrench emoji = 50 and trash can = 0) or otherwise subject to the Sponsor’s Who’s Next Web App scoring system. Submission points are only calculated and distributed to the Submission through the Who’s Next Web App scoring system once the Submission receives a minimum number of Curator ratings, as established by the Sponsor in its sole and absolute discretion.
Each Friday during the Music Submission Entry Period (starting on April 24th, 2020), at approximately 12:00PM ET, the top twenty (20) rated artists will make up the weekly Artist Leaderboard positions #1-20, the Artist Leaderboard will be archived, and Submissions in the top twenty (20) will advance to the Individual Judging round. In the Individual Judging round, Submissions will be selected for individual judging by a member of the HOT 97 music department (the “Judge”). In the event of a tie for the twentieth (20th) ranking on the Leaderboard, all Submissions tied for twentieth (20th) ranking will advance to the individual judging round. The Judge will base his/her rating on the following criteria: lyrics, production, star quality, and flow. The Submission receiving the highest overall score by the Judge will be the music submission winner for that particular week of the Contest.
Each week’s winner will be notified that he or she is the weekly winner by Sponsor (by email or phone) by 5:00PM ET the following Monday of selection. This process will repeat for eight (8) total weeks with a winner selected each Monday during the Contest (April 27th, May 4th, May 11th, May 18th, May 25th, June 1st, June 8th, and June 15th, 2020).
In the event that the track(s) submitted by a Participant during the Music Submission Entry Period was not rated during the Contest, the Participant along with any unrated track(s) will automatically be entered in Sponsor’s next Who’s Next Web App music submission contest without any additional submission fee required. By entering the Contest, Participant hereby acknowledges and consents to being automatically entered in a future Who’s Next contest conducted by Sponsor in the event that Participant’s track(s) does not get rated during this Contest. Such contest entry shall be at Sponsor’s sole discretion and nothing herein shall obligate Sponsor to automatically enter any Participant in any future Who’s Next music submission contest. Any future Who’s Next Music Submission contest in which any Participant is automatically entered will not require any purchase to enter or win that contest. California residents are not eligible for automatic entry.
Additionally, to qualify for the SLANG new artist compilation portion of the Artist Prize digital promotion prize for eligible Participants who submit music, Participants must create a free SLANG account using the link provided on the Who’s Next contest page.
PART TWO – WEEKLY CURATOR WINNERS
Participants Who Rate Music (“Curators”):
Curators will be ranked on the Curator Leaderboard by acquiring the most points, gained from their skill and ability to rate Submissions consistently with the majority of other Curators. Subject to the Who’s Next Web App scoring system, if a Curator rates that a Submission is “hot” (fire emoji), a Submission is “not hot” (trash can emoji), or a Submission “needs work” (wrench emoji) and that Curator’s song rating is consistent with the majority opinion of other Curators for that song, the Curator is awarded five (5) points for rating consistently with the majority opinion of other Curators. Curators will also receive one (1) point for each song the Curator rates. The Curator’s points are calculated when a song receives the minimum number of Curator ratings, as established by the Sponsor.
Each Monday during the Music Curation Entry Period starting on April 27th, 2020, and ending on June 15th, 2020 (April 27th, May 4th, May 11th, May 18th, May 25th, June 1st, June 8th, and June 15th, 2020), the Curator holding the top position on the Curator Leaderboard at approximately 11:59AM ET that day, will win two hundred fifty dollars ($250). Curators may only win the Weekly Curator Contest portion of the Contest one time during the Contest. Each one (1) week period will close at 11:59AM ET on the Monday of selection. Each week’s winner will be notified that he or she is the weekly winner by Sponsor (by email or phone) by 5:00PM ET each Monday of selection.
If the top rated Curator for the week has already won the Weekly Curator Contest, then the next highest rated Curator (who hasn’t already won the Weekly Curator Contest portion of the Contest) will be the weekly winner. In the unlikely event of a tie for the top position on the Curator Leaderboard at the end of a week during the Music Curation Entry Period, the Curator that rated the most songs will be the winner.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Sponsor has the right in its sole discretion to mail the prize to the winner. The winner will initially be sent the required releases and prize claim forms. Winner is required to first sign the required forms and then email a photograph of each signed release and prize claim form to Sponsor at email@example.com. Alternatively, a winner may mail the required forms to Hot97 at Attn: Hot97 Who’s Next Contest Winners, Hot97, 395 Hudson Street, 7th Floor, New York, New York, 10014. Participants acknowledge that any postal service mailing of the release forms to Sponsor may significantly delay the mailing of a prize. After receipt of all signed required releases and claim forms, Sponsor will mail the prize to the winner. Failure by the winner to return completed forms within seven (7) 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. Sponsor may elect to change the method by which winner claims the prize. Should Sponsor change the method by which a winner claims the prize, Sponsor shall promptly inform winner of the new prize claim process.
Prerequisites to Prize Award: Prior to being awarded 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. 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(s) are 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. 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 pick up the prize within thirty (30) days from the date of winning 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) they meet the residency and age requirements at the time of entry; (ii) they will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsor; (iii) they waive any rights to claim ambiguity with respect to these Rules and the General Rules; (iv) they are the sole creator and owner of the Submission, including any music or music video included therein, and they have the full legal right, power, and authority to grant to the Sponsor the license provided for in these Rules; (v) they own or control the complete exhibition and other rights to the Submission for the purposes contemplated in the license; and (vi) the Materials (as hereinafter defined) 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 any and all information, content, and data, including but not limited to the Submission, provided by Participant to enter the Contest. 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 agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE MediaCo Holding Inc., Emmis Radio, LLC, Emmis Communications Corporation, Emmis Operating Company, Heir Apparent, Inc., SLANG Media, Inc., 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 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, 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.
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, 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.
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 which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
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.
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 any other social media platform 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 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. Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.
By participating in the Contest, Participant irrevocably grants to Sponsor the perpetual right, without any liability to any person or entity, to reproduce, adapt, transmit, distribute, communicate, make available and otherwise use the Materials throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Participant in connection with the Contest.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor, in its sole discretion, further reserves 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 Rules as well as the rules of any MediaCo contest at any time without notice. Sponsor reserves the right in its sole discretion to interpret the rules of this 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, 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 Rules 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 Rules will be resolved 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 Rules proceeds in court rather than through arbitration, there will not be a jury trial.
The invalidity or unenforceability of any provision of these Rules, including but not limited to the agreement to arbitrate, shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained herein.
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: WQHT Who’s Next Performer and Curator Rules and/or Official Contest General Contest Rules, 395 Hudson Street, 7th Floor, New York, NY 10014. These Rules and the General Rules may also be found at www.hot97.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: WQHT Who’s Next Performer and Curator Winners List, 395 Hudson Street, 7th Floor, New York, NY 10014.
MediaCo Holding Inc. d/b/a WQHT HOT 97 395 Hudson Street, 7th Floor New York, NY 10014