SLURPEE NATION
BATTLE OF THE BANDS MUSIC CONTEST
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING THE SLURPEE NATION "BATTLE OF THE BANDS" MUSIC CONTEST ("CONTEST"). CONTEST IS INTENDED FOR PARTICIPATION, VIEWING AND PLAY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN AND A LEGAL RESIDENT OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA.
Submitting an Entry (as defined below) in this Contest constitutes your acceptance of these Official Rules. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules or does not meet eligibility requirements.
CONTEST, ENTRY SUBMISSION, AND VOTING DATES: Contest begins May 9, 2010 at 6:00:00 p.m. Central Time ("CT") and ends June 20, 2010 at 11:59:59 p.m. CT ("Contest Period"). Each Contest entrant (each, an "Entrant") must submit their Entry between May 9, 2010 at 6:00:00 p.m. CT and June 20, 2010 at 11:59:59 p.m. CT ("Submission Period") to qualify for the Contest.
WHO MAY ENTER: Open to eligible Slurpee Nation members (see membership process below) (each, a "Member") who are legal residents of the 50 United States or the District of Columbia and are at least the age of majority (19 in NE and AL, and 18 in all other states). Each and every Band Member (as defined below), in addition to the Entrant (who is one of the Band Members), must also be legal residents of the 50 United States or the District of Columbia, age of majority (19 in NE and AL, and 18 in all other states) or older. BY ENTERING, ENTRANT UNDERSTANDS THAT HE OR SHE WILL RECEIVE THE GRAND PRIZE (AS DEFINED HEREIN), AND THAT NO GRAND PRIZE (IN WHOLE OR IN PART) WILL BE AWARDED TO ANY BAND MEMBER OTHER THAN THE ENTRANT. To become a Member for free, visit www.slurpee.com (the "Website") and provide all required information. Employees (and their immediate families (i.e., spouses, parents, children, siblings and their respective spouses, parents, children and siblings, regardless of where they reside, or those living in the same households, whether or not related)) of either 7-Eleven, Inc. (the "Sponsor"), Tic Toc, Inc., Integer Group, Inc., The Coca-Cola Company, and each of their respective parents, affiliates, subsidiaries, directors, officers, employees, agents, prize suppliers, distributors and advertising and/or promotion agencies and those employees (collectively, "Contest Parties") are not eligible to enter or win. Void where prohibited by law.
HOW TO ENTER: Members must visit the Website, follow the instructions provided to complete the Contest registration process, and provide all required information, including the names of the Entrant and up to three (3) other members in the band ("Band Members"). In the event that a Band Member (other than the Entrant) is unable to participate in any of the Contest-related activities, Entrant may designate another individual in the band to participate (approved by Sponsor in its sole discretion) (an "Alternate Band Member"), who will take part in the Contest on the Band Member’s behalf. The requirements and obligations of a Band Member shall apply to an Alternate Band Member. Entrants will also be required during registration to upload: (1) a photo of the Entrant and Band Members (if any), and (2) a video or audio file of the Entrant (with the other Band Members, if any) playing his or her original song he/she wishes to have judged. The photo must be (i) in one of the following file types: .jpg or .gif, (ii) equal to or less than 1MB (the "Photo"). The video submission must be (i) in English, (ii) in one of the following file types: .avi, .mpg, .qt, .mov, .wmv, .mp4, .flv, .f4v, .asf, .3gp, or mpeg, (iii) equal to or less than a file size of 100MB, and (iv) equal to or less than four (4) minutes in length (the "Video"). Audio files must be (i) in English, (ii) in one of the following file types: .mp3, .wma, .wav, .au, or .aiff (iii) equal to or less than a file size of 10MB, and (iv) equal to or less than four (4) minutes in length (the "Audio File"). The completed entry form, Photo and Video or Audio File collectively referred to herein as an "Entry." By submitting an Entry, you (on behalf of yourself and each and every Band Member) warrant and represent that that you have obtained written permission from each and every person (including any Band Member) whose name(s), likeness(es) (including without limitation photo(s)), voice(s), and/or any other rights of any third party that may exist, is/are used in the Entry in any manner, and that you have obtained written permission from any third party (including any Band Members) who has rights in the Photo, any of the master recording and/or composition and/or any other materials (tangible or intangible) of any kind or nature contained in the Entry. Sponsor is not responsible for Entries that can not be accessed on the Website. In the event that an Entry cannot be opened or accessed fully, the Entry may be disqualified. Limit one (1) Entry per Member. Multiple Entries received from any one Member after the first Entry received from such account username, person and/or email address will be void. In the event of a dispute regarding the number of Entries received from an Entrant, the decision of Sponsor shall control and be binding. All Entries must be received during the Submission Period to be eligible to participate in the Contest and potentially win a prize.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S OWN WEBSITE AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, IN SPONSOR’S DISCRETION. Submission of an Entry grants Sponsor, along with its agents, and/or assigns, an exclusive, irrevocable, unlimited, worldwide, perpetual, sub-licensable license and right to publish, use, copy, distribute, publicly perform, create derivative works from or otherwise exploit in any manner the Entry (including without limitation the exclusive, irrevocable, unlimited, sub-licensable right and license to record, re-record, transcribe, distribute, perform, publish, broadcast, synchronize, telecast or otherwise separately use and exploit the master recording and/or composition contained in the Entry) in any way, including in whole or in part, in any and all media throughout the world, without limitation, and without consideration to the Entrant, any Band Member or anyone else participating in the Entry in any way during the Contest and for two (2) years after the end of the Submission Period. Entrant represents and warrants that he or she and any third party having any rights in any of the content contained in the Entry has not entered into any prior agreements that would limit his or her ability to grant the rights described herein, nor has Entrant and/or any third party having rights in any of the content contained in the Entry grant to any third party any of the rights described herein. Sponsor is not responsible for any unauthorized third party use of any Entry, nor shall Sponsor (and/or any Contest Party), or any party acting on any of their behalf, be responsible for any claims, losses, damages, costs, penalties, fees or other liabilities which may be incurred by any party in connection with Sponsor’s (and/or any Contest Party’s, as applicable) use of the Entry (and/or the rights granted in and to the photos, likenesses, names and other identifying features of the Entrant and the Band Members) as permitted hereunder.
By submitting an Entry you warrant and represent that it and any portion thereof: (a) is your original work, (b) has not been previously published, (c) has not previously received awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (including any third party having rights in any of the content contained in the Entry); (e) that you have obtained permission from any person whose name(s), likeness(es), photo(s) or voice(s) or other personal identifying information is/are used in the Entry (including any third party having rights in any of the content contained in the Entry), (f) and that publication of the Entry via various forms of media, including without limitation Internet distribution, will not infringe on the rights of any third party in any way (including without limitation any third party having rights in any of the content contained in the Entry), (g) that you will not use any content or materials created by you, Sponsor, any Contest Party or any other third party hereunder (including without limitation any Band Member) without Sponsor’s express written consent in each instance and pursuant to Sponsor’s instruction in connection therewith; and (h) that you will not be in violation of any applicable law or regulation. Any such Entrant will indemnify and hold harmless, Sponsor, and Contest Parties, along with their respective agents, directors, employees, officers, parents, affiliates and assigns, from any claims made or costs or damages of any kind or nature made in connection with, or arising out of, any breach of any representation or warranty agreed to herein, as well as for any negligence or willful misconduct on the part of Entrant and/or any Band Member. Any Entrant whose Entry includes likenesses of third parties (including any third party having rights in any of the content contained in the Entry) or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide written legal releases for such use (including Sponsor’s or any other permitted use of such Entry hereunder), in a form satisfactory to Sponsor, upon Sponsor’s request at any time, but in any event prior to Entrant’s Entry being deemed a "Regional Qualifier Entry" (as defined below). By submitting an Entry, you hereby grant Sponsor and Contest Parties, and their respective agents and assigns, the irrevocable and perpetual, unlimited, sub-licensable, worldwide right to use your name, photograph and other likeness, performance, voice and other rights personal to you in connection with the Contest and the Entry, and for any and all advertising, publicity and other promotional purposes of Sponsor throughout the universe in perpetuity in any and all media now or hereafter known, without your approval or further notice or compensation to you. Additionally, you agree to cause any third party having rights in any of the content contained in the Entry to grant Sponsor and the Contest Parties the irrevocable, perpetual, unlimited, worldwide, sub-licensable, right and license to use their name(s), photograph(s) and other likeness(es), performance(s), voice(s) and other rights personal to such individuals in connection with Contest and the Entry, and for any and all advertising, publicity and other promotional purposes of any kind for Sponsor (and/or any Contest Party) throughout the universe in perpetuity in any and all media now or hereafter known, without your approval or further notice or compensation to such individuals.
Entry requirements:
• Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
• Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Entry cannot be obscene or offensive, endorse any form of hate or hate group;
• Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor and/or its products, or other people, products or companies (including without limitation any of the Contest Parties);
• Entry cannot contain trademarks, logos or trade dress or other identifying marks of any kind owned by others (except trademarks, logos, and/or trade dress owned by Sponsor, but only with Sponsor’s approval), or advertise or promote any brand or product of any kind (other than Sponsor’s, but only with Sponsor’s approval), without written permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• Entry cannot contain copyrighted materials owned by others (including musical samples) or the names or other indicia identifying any third person (except any third party having rights in any of the content contained in the Entry, provided that Entrant has obtained written releases for such use pursuant to the terms hereof), whether living or dead, for inclusion in the Entry and/or for assignment, use and distribution pursuant to these Official Rules for the Contest;
• Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor or the Contest Parties wishes to associate; and
• Entry cannot depict, and cannot itself be, in violation of any law.
Sponsor reserves the right to waive any of the Entry requirements set forth herein in its sole discretion.
Sponsor herein grants to Entrant and any individual participating in Entrant’s Entry, a limited license to use the names "Slurpee," "Slurpee Nation," and/or "7-Eleven" (along with the corresponding logos) and any other images or phrases made specifically made available by Sponsor, such as trademarks and logos, for use by Entrants and any individual participating in the Entrant’s Entry solely in connection with his/her Entry. No other permission to use the materials demonstrating Sponsor’s name, images, trademarks and logos or Sponsor’s trademarks and logos or other identifying marks of any kind is granted to Entrant or individuals participating in Entrant’s Entry or to any other third party.
If you think that any Entry infringes your intellectual property rights, click here if you wish to report it http://www.slurpee.com/UtilityPages.aspx?sPage=Terms. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants.
By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
JUDGING/VOTING: Sponsor may screen each Entry to confirm compliance with Entry guidelines and other Contest requirements as set forth in these Contest Rules.
JUDGING PERIOD: All eligible Entries received by the end of the Submission Period shall be judged by the Sponsor based equally on the following criteria: (1) originality and material selection, including taste, difficulty and authenticity, (2) overall appeal and personality, and (3) the overall impressiveness of the submission. The 12 Entries with the highest score ("Regional Qualifier Entries") will advance to an event referred to herein as a "Regional Qualifier". In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above. Each Entrant who submits an Entry that advances to a Regional Qualifier will receive an opportunity to travel to the Regional Qualifier, subject to verification. Entrants who advance to a Regional Qualifier may be required to sign and return (and may be required to cause any third party having rights in any of the content contained in the Entry to sign and return) an Affidavit of Eligibility and Release from Liability and Publicity Release ("Affidavit/Release"), along with any other documents required to be executed by Sponsor hereunder, which Affidavit/Release and other documents, as applicable, must be signed and returned prior to having the opportunity to participate further in the Contest at the Regional Qualifier, or Entrant may be disqualified and the opportunity to participate in the Regional Qualifier will be forfeited. Sponsor reserves the right to verify the ownership of any Entry or music or other rights of any kind contained in any Entry, and/or compliance hereof, in Sponsor’s sole discretion. If Sponsor believes that any Entry or music (or other rights) contained in any Entry could reasonably infringe on any third party rights of any kind in its reasonable discretion, Entrant may be disqualified and participation in the Regional Qualifier may be forfeited.
REGIONAL QUALIFIER: Entrants who submitted Regional Qualifier Entries and their respective Band Members will be required to attend the Regional Qualifier in either Los Angeles, California, Chicago, Illinois, New York, New York or Dallas, Texas (each a "region"), at times and dates designated by the Sponsor in its sole discretion. Entrants and their Band Members will be required to perform three (3) original songs during a twenty (20) minute set maximum to open for a headlining act (the "Regional Performance"). Concerts will be streamed live on Facebook and then one song from each band (to be selected by the Entrant) will be posted on the Website for Member voting. In the event Entrants who submitted Regional Qualifier Entries and their Band Members cannot travel or otherwise participate in the Regional Performance, or are unavailable to travel on dates designated by Sponsor, such Entrants will forfeit the opportunity to participate in the Regional Performance, and the opportunity to participate in the Regional Performance may be offered to an alternate, provided sufficient time remains prior to date of the Regional Performance. If an Entrant fails to appear for the Regional Performance and/or is disqualified, the number of opening acts for the Regional Performances will be reduced accordingly at Sponsor’s discretion. The requirements and obligations of an Entry shall apply to the Regional Qualifier Entries. Round-trip, coach class air transportation for the Band Members designated on the entry registration form will be provided in connection herewith (i.e., from a major commercial airport near the applicable Entrant’s home within the U.S. to Sponsor’s choice of either Los Angeles, California, Chicago, Illinois, New York, New York, or Dallas Texas); along with double occupancy standard hotel rooms for the Band Members, and ground transportation between hotels and airports. The estimated dates (subject to change) are as follows: LA event – 7/11, Chicago Event – 7/23, Dallas Event – 8/6, and NY event – 8/16. All Band Members shall be required to fly in morning of the date required hereunder to be at soundcheck by the same afternoon (time TBD). Band Members are expected to depart soon after their performance.
REGIONAL PERFORMANCE VOTING: One song from each Entrant’s Regional Performance (which shall be the first song of the Entrant’s Regional Performance) will appear on the Website from 7/13/2010 at 12:00:00 AM CT to 7/16/2010 at 11:59:59 PM CT for Los Angeles Regional Performance, from 7/25/2010 at 12:00:00 AM CT to 7/28/2010 at 11:59:59 PM CT for the Chicago Regional Performance, from 8/8/2010 at 12:00:00 AM CT to 8/11/2010 at 11:59:59 PM CT for the Dallas Regional Performance, and from 8/18/2010 at 12:00:00 AM CT to 8/21/2010 at 11:59:59 PM CT for the New York Regional Performance (each, respectively, the "Regional Performance Voting Period"). Notwithstanding the foregoing, each Regional Performance Voting Period shall be subject to modification by Sponsor as Sponsor may reasonably require. In the event of modification, Sponsor shall post notice of the modified Regional Performance Voting Periods on www.slurpee.com. The public will be invited to vote for the Regional Performance that he or she believes is the best Regional Performance on the Website. Limit one (1) vote per person per email address per day. For the purposes of this Contest, a "day" shall be defined as 12:00:00 a.m. CT to 11:59:59 p.m. CT. If more than one (1) vote is received from the same person and/or email address during any given day, all votes from said person or email address will be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by the Entrant and/or its respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the Entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the Entrants for whom the improper votes were received if the Sponsor determines that that Entrant was involved in any way in the perpetration of such fraud. At the conclusion of each Regional Performance Voting Period, Sponsor will rank the Regional Performances from each region according to the total votes received. One Regional Performance from each region receiving the highest total votes in that given region will advance to "The Final Six" (the "Final Six Entrants"). In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Regional Performances to determine the Final Six Entrants.
WILD CARD VOTING: One song (which shall also be the first song of the Entrant’s Regional Performance) from each of the eight (8) Regional Performances that were not deemed Final Six Entrants during the Regional Performance Voting Period will appear on the Website from 8/24/10 at 12:00:00 AM CT to 8/30/10 at 11:59:59 PM CT ("Wild Card Voting Period"), such Wild Card Voting Period subject to change as Sponsor deems reasonably necessary. In the event of modification, Sponsor shall post notice of the modified Wild Card Voting Period on www.slurpee.com. Members will be invited to vote for the Regional Performance that he or she believes is the best Regional Performance. Members must redeem one (1) Point (as defined in the 7-Eleven Slurpee Nation Rewards Program Terms which can be found on the Website) to cast a vote. Each time you vote, one (1) Point will automatically be deducted from your Account (as defined in the 7-Eleven Slurpee Nation Rewards Program Terms). Each one (1) Point submission shall equal one (1) vote during the Wild Card Voting Period. Entrants and/or Band Members may not vote for a Regional Performance during the Wild Card Voting Period. Limit five (5) votes per person per day. For the purposes of this Contest, a "day" shall be defined as 12:00:00 AM CT to 11:59:59 PM CT. At the conclusion of the Wild Card Voting Period, Sponsor will rank the Regional Performances according to the total votes received. The 2 Regional Performances receiving the highest total votes will advance to The Final Six (also "Final Six Entrants"). In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Regional Performances to determine the Final Six Entrants.
THE FINAL SIX VOTING: The entire Regional Performance from each Final Six Entrant will appear on the Website from 9/3/10 at 12:00:00 AM CT to 9/7/10 at 11:59:59 PM CT ("Final Six Voting Period"), such Final Six Voting Period subject to change as Sponsor deems reasonably necessary. In the event of modification, Sponsor shall post notice of the modified Final Six Voting Period on www.slurpee.com. Members will be invited to vote for the Regional Performance that he or she believes is the best Regional Performance during such Final Six Voting Period. Limit one (1) vote per person per email address per day. At the conclusion of the Final Six Voting Period, Sponsor will rank the Final Six Entrants according to the total votes received. The 4 Final Six Entrants receiving the highest total votes will advance to "The Top Four" ("Top Four Entrants"). In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Regional Performances to determine the Top Four Entrants. Each Entrant who advances to The Top Four will receive an opportunity to travel to the Top Four event (the "Top Four Event"), subject to verification, as such dates and locations are specified by Sponsor.
THE TOP FOUR: The Top Four Entrants and their respective Band Members will be required to attend the Top Four Event, in Dallas, Texas, at times and dates designated by the Sponsor in its sole discretion. The Top Four Entrants and their respective Band Members shall receive round-trip air fare (coach class), double occupancy hotel (at a hotel of Sponsor’s choice) and ground transportation (shared) between all hotels and airports. Top Four Entrants will be required to create one (1) music video with the assistance of a amateur film crew to be selected and organized by the company Dreaming Tree (the "Music Video"). Dreaming Tree will supervise, coordinate and manage the recruitment of all filmmakers, the schedule of events, the location for shooting, the equipment and all behind-the-scenes or b-roll footage filming and related activities in connection with the Music Video. The estimated dates of the aforementioned activities shall take place on or about September, 10, 2010 and continue for three (3) days, subject to Sponsor’s final decision in connection therewith. The shoot for the Music Video will take place in a studio to be designated by Dreaming Tree. All of the Top Four Entrants acknowledge and agree that Dreaming Tree and Sponsor shall have the right to film both the Music Video along with any and all behind the scenes ("b-roll") footage that they so choose to film. Additionally, Dreaming Tree and/or Sponsor shall have the unlimited right to take whatever stills, videos and other images from the Music Video shoot, for no additional compensation. The Top Four Entrants each hereby acknowledge and agree that Sponsor shall own all rights in and to the Music Video, and any such behind-the-scenes or b-roll footage and photography. In the event Top Four Entrants and their Band Members cannot travel or otherwise participate in the Top Four Event, or are unavailable to travel on date(s) designated by Sponsor, such Entrants will forfeit the opportunity to participate in the Top Four Event, and the opportunity to participate in the Top Four Event may be offered to an alternate by Sponsor (such alternate to be the Entrant with the next highest votes), provided sufficient time remains prior to the date of the Top Four Event. The requirements and obligations of an Entry shall apply to the Music Video.
TOP FOUR VOTING: Each Music Video will appear on the Website from 9/18/10 at 12:00:00 AM CT to 9/22/10 at 11:59:59 PM CT ("Top Four Voting Period"). The Top Four Voting Period is subject to change as Sponsor may reasonably require. In the event of modification, Sponsor shall post notice of the modified Top Four Voting Period on www.slurpee.com. Members will be invited to vote for the Music Video that he or she believes is the best Music Video. Limit one (1) vote per person per email address per day. At the conclusion of the Top Four Voting Period, Sponsor will rank the Music Videos according to the total votes received. The two (2) Music Videos receiving the highest total votes will advance to the final round (the "Final Round") and those two (2) Entrants (each a "Final Round Entrant") will participate. In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Music Videos to determine the Final Round Entrants. Each Entrant who advances to the Final Round will receive an opportunity to travel to the Final Round (as set forth below), subject to verification.
THE FINAL ROUND: The Final Round Entrants and their respective Band Members will be required to attend the Final Round, at locations and dates designated by the Sponsor in its sole discretion. Final Round Entrants and their respective Band Members will be required to perform a 30-minute concert ("Concert"). Each band will perform the Concert in their hometown, at a venue to be determined by Sponsor. All of the Final Round Entrants shall be responsible for their own expenses in connection with their participation in the Concert. The Concert will be performed to the Final Round Entrants’ family and friends. The Concert will be streamed on Facebook for voting. Both Concerts will be on 9/26/10 (subject to change as Sponsor may reasonably require), at times designated by the Sponsor in its sole discretion. Voting will start at the end of both Concerts and continue until 9/28/10 11:59:59 PM CT (subject to change as Sponsor may reasonably require) on the date of the Concerts. In the event Final Round Entrants and their Band Members cannot travel or otherwise participate in the Concert, or are unavailable to travel on dates designated by Sponsor, such Entrants will forfeit the opportunity to participate in the Concert, and the opportunity to participate in the Concert may be offered to an alternate (such alternate to be the Entrant with the next highest votes), provided sufficient time remains prior to date of the Concert. The requirements and obligations of an Entry shall apply to the Concert.
FINAL ROUND VOTING: Each Concert will appear on the Website from commencing as of the end of both concerts and ending at 11:59:59 PM CT on 9/28/10 ("Final Round Voting Period") (subject to change as Sponsor may reasonably require). The public will be invited to vote for the Concert that he or she believes is the best Concert. Limit one (1) vote per person per email address per day. At the conclusion of the Final Round Voting Period, Sponsor will rank the Concerts according to the total votes received. The Concert receiving the highest total votes will be named "Slurpee Battle of the Bands Champion" (the "Winner"). In the event of a tie, a new consumer voting period (as determined by Sponsor) will be conducted from among all tied Concerts to determine the Winner. The Entrant who is a member of the band that is the Winner will receive the Grand Prize (as defined below), subject to verification. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest.
WINNER NOTIFICATION: Potential Winner (and/or the Entrant member of Winner) will be notified by mail, telephone and/or email based on the information provided on Winner’s Entry (i.e., as made by Entrant) and may be required to execute and return (and may be required to cause any third party having rights in any of the content contained in the Entry to execute and return) an additional Affidavit/Release as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days, or the Grand Prize and any other awards may be forfeited.
PRIZE, TRIPS & APPROXIMATE RETAIL VALUE ("ARV"):
Grand Prize: $10,000 payable in the form of a check to the Entrant who is a member of the band that is the Winner.
In addition, the Winner shall have the opportunity to take a trip to San Francisco to record in a studio determined by Sponsor and be interviewed and showcased on CrawDaddy.com (barring any event of "force majeure" after travel to local destination which may prevent such opportunity) on such dates as to be determined by Sponsor in its sole discretion. Trip includes round trip, coach class air transportation for winner and three Band Members in the winning band, as designated on the entry registration form, from a major commercial airport near winner’s home within the U.S. to San Francisco, California; double occupancy standard hotel rooms for winner and up to three Band Members, as designated on the entry registration form for 1 night; and roundtrip ground transportation between the destination airport. ARV of Grand Prize: $3,000.00.
Conditions for all trips: Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of Entrants. All travel must be taken on dates specified or opportunity to participate in the Regional Qualifier, Top Four Event and/or the Concert will be forfeited and may be provided to an alternate; no alternative travel dates are available. Entrants and Band Members must travel on same itinerary. Band Members must sign and return a travel release before any ticketing of travel occurs. Entrant and Band Members must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel.
Conditions for Grand Prize: The Grand Prize (and any other award granted hereunder) is non-transferable and no substitution is offered, except at the sole discretion of the Sponsor. If the Grand Prize or any other award granted hereunder, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute the Grand Prize (or other award granted hereunder) with another prize/award of equal or greater value. All taxes on the Grand Prize (and any other award granted hereunder) are sole responsibility of Entrant.
GENERAL CONDITIONS: Winner (including without limitation Entrant member) grants a (except where prohibited by law) permission for Sponsor and those acting under its authority to use the each of Winner’s name, Entry, hometown, likeness, voice, prize won, and photograph (all at Sponsor’s discretion) for future advertising, publicity, promotion of Sponsor and/or any Contest Party (in Sponsor’s sole discretion) or otherwise in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Winner shall cause any third party having rights in any of the content contained in the Entry to grant Sponsor and those acting under its authority the same, at Sponsor’s request and at Winner’s expense. Sponsor and Contest Parties, and each of their respective officers, directors, agents, representatives and employees (collectively, "Released Parties") are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Contest-related information or materials from the Website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Contest (including without limitation any event of force majeure which may occur at any time), and/or any claims made in connection with any violation or alleged violation of the DMCA Safe Harbor Provisions. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Contest, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of prizes or in any Contest-related materials. Mass entries or Entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Contest and, if terminated, at Sponsor’s discretion, determine the Winners using all non-suspect, eligible Entries received up to time of cancellation based upon the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the Entry process or the operation of this Contest or Website, and/or intending to annoy, abuse, threaten or harass any other Entrant, Sponsor or any of its respective representatives, or to otherwise be acting in violation of these Official Rules, and shall be entitled to void all associated Entries. CAUTION: Any attempt by an Entrant to deliberately damage any website (including the Website) or undermine the legitimate operations of the Contest is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages (along with immediate injunctive relief, without the requirement to prove damages) from any such Entrant to the fullest extent permitted by law and to immediately disqualify such Entrant from the Contest.
Please see the privacy policy located at the Website for details of Sponsor's policy regarding the use of personal information collected in connection with this Contest.
As a condition of entering, Entrants agree (and agree to cause any third party having rights in any of the content contained in the Entry to agree, and agree to confirm the same in writing): (a) to release Sponsor and all Contest Parties, along with any affiliate, agent, parent, subsidiary, employee, director, officer and/or assigns, from any and all liability, loss or damage of any kind incurred with respect to the awarding, receipt, possession, and/or use or misuse of any award or prize granted hereunder, including any traveling or other incidentals related thereto; (b) under no circumstances will Entrant, and/or any third party having rights in any of the content contained in the Entry, be permitted to obtain damages or awards for, and Entrant and any third party having rights in any of the content contained in the Entry, hereby waive all rights to claim, punitive, incidental, consequential, or any other damages (even if Sponsor was aware of the possibility thereof), other than for actual out-of-pocket expenses, as all other costs and/or damages are hereby expressly disclaimed by all such parties; (c) all causes of action arising out of or connected in any way with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards which may be owing to Entrant hereunder shall be limited to actual out-of-pocket costs incurred by Entrant in connection therewith, excluding attorneys’ fees and court costs and any other associated costs or expenses.
By entering, Entrants agree (and agree to cause any third party having rights in any of the content contained in the Entry to agree) that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, all participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Texas without giving effect to any choice of law or conflict of law rules. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas County, Texas.
ASSIGNMENT: No rights or obligations hereunder, in whole or in part, may be assigned by Entrant, Winner and/or any Band Member without the express prior written approval of Sponsor in each instance. Any such attempted assignment shall be void.
WINNER’S LIST: For the name of the Winner, mail a self-addressed, stamped envelope to: Slurpee Battle of the Bands Winners, 1999 Bryan St. Dallas, TX 75201. Requests must be received by 12/1/10.
SPONSOR: 7-ELEVEN, INC., 1722 Routh Street, Suite 1000, Dallas, Texas 75201. This Contest is not produced, sponsored or executed by The Coca-Cola Company, and The Coca-Cola Company bears no liability for the administration of the Contest.
ADMINISTRATOR: TIC TOC, INC., 1999 Bryan Street, Suite 1900, Dallas, TX 75201.