Apollo Amateur Night Song Competition
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Apollo Amateur Night Song Competition (the "Contest") is open only to legal residents of the 50 United States (or the District of Columbia) who are 15 years of age or older (and if under 18 years old, have parent or legal guardian's permission to enter), and are an amateur songwriter/co-songwriter at the time of entry. Contestants that are or have ever been part of a staff writing deal with a publishing company or those that obtain the majority of their income from songwriting may not enter. No songs under professional contract or any that have been previously published can be submitted. Employees and non-employee workers of Apollo Theater Foundation, Inc. (including current Amateur Night musicians), The CocaCola Company, CocaCola bottlers, Situation Marketing LLC d/b/a/ Situation Interactive, ePrize, Inc., and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
2. Sponsor: Apollo Theater Foundation INC., 253 W 125th St, New York, NY 10027. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.
4. Timing: The Contest begins on January 16, 2014 at 12:00 a.m. Eastern Time ("ET") and ends on April 30, 2014 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of 4 phases as outlined in the chart below:
(at 12:00 a.m. ET, unless otherwise specified)
(at 11:59 p.m. ET, unless otherwise specified)
|Submission||January 16, 2014||February 26, 2014|
|Digital Voting: Submissions||January 16, 2014||February 26, 2014|
|Judging: Submissions||February 27, 2014||March 13, 2014|
|Digital Voting: Finalists||April 7, 2014||April 30, 2014 at 6:59 p.m. ET|
|Performance and Live Voting: Finalists||April 30, 2014 at 7:00 p.m. ET||April 30, 2014 at 10:00 p.m. ET|
WooBox.com's computer is the official time-keeping device for this Contest.
5. How to Enter: During the Submission Phase, write a song (including music and lyrics) to honor the history of Amateur Night at the Apollo Theater (the "Song") and create a video of it being performed (the "Submission"). The Song should be driving and up-tempo with a funky, soulful or R&B beat and must be written for a singer to perform. Please note: The quality of the video should be good enough to showcase the Song, however only the Song will be judged. You will not be judged on your video production skills. If you prefer, you may write and/or perform the Song with one or more team members. The single person or team who enters this Contest will be henceforth referred to as the entrant ("Entrant"). Teams should elect a team captain, who will register and submit the Submission on the team's behalf (the "Team Captain"). The Submission should include a brief introduction (including your name and the names of any team members, where you are from, and some background information on you and your team members, if applicable) and may not exceed 5 minutes in length (including the introduction). After creating the Submission, visit http://amateurnight.org/songcompetition and follow the links and instructions to complete and submit the registration form, including providing a valid email address. If you collaborated with a team and are the Team Captain, please follow the instructions to also enter the name and email address of each team member. Follow the instructions to upload the YouTube link to the Submission, a copy of the sheet music, and a copy of the lyrics. Video links must remain available on YouTube throughout the Contest Period. In the event that a Submission contains a video link that is not valid or cannot be found, that Submission will not be considered. By uploading a Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may ask you to modify your Submission, or may remove your Submission and disqualify you from the Contest if it believes your Submission fails to conform to the Guidelines and Restrictions.
- The Submission must be in the form of a URL to your video on YouTube;
- The Submission must be in a format compatible with YouTube and must be compatible with YouTube's Terms of Service and Community Guidelines;
- The Submission must include a brief introduction;
- The Submission must not exceed 5 minutes in length (including the introduction);
- The Submission must be in English; and
- Any portion of the Submission cannot have been submitted previously in a promotion of any kind, be under professional contract, or have been previously published.
- The Submission must be composed and produced by the Entrant;
- The Submission must be original work of Entrant and, all rights to which must be owned solely by the Entrant performing it, and may not infringe upon the copyrights, trademarks, rights of privacy, publicity, or any other intellectual property or legal or moral rights of any third party, living or deceased (e.g., names, logos, symbols, slogans, audio recordings, images that belong to others, images of other people, quotes from other people, or parodies of other people). Please note that if any trademarks or logos are visible in the Submission (including logos on apparel, electronics, etc.), that the Submission will be disqualified;
- The Submission must not include any private information of a third party such as name, address, phone number, or email address;
- The Submission must not include the image of a child under the age of 13 drinking a Coca-Cola product;
- If a Submission includes the image of a child under the age of 13, the Submission must also include an image of his/her parent/legal guardian;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
- The Submission must not contain images or artwork not created by Entrant;
- The Submission must not contain material that Sponsor deems to be inappropriate, profane (including, but not limited to the "N word"), indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that Sponsor deems to promote bigotry, racism, hatred or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
There is no limit on the number of Submissions that an Entrant can create and enter; however, in the event that an Entrant has more than 1 Submission qualify as a Finalist (defined below), the Sponsor, in its sole discretion will choose one of the two Submissions to represent that Finalist and the Entrant with the next highest scoring Submission will be deemed a Finalist. Multiple participants are not permitted to share the same email address. Any attempt by any participant to subvert or evade the Official Rules by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that participant's Submissions and that may be disqualified from this Contest and any of the Sponsor's other promotions. Entrants may promote their Submission via any appropriate traditional and/or social media but any such venue and communications must comply with the Content Restrictions. Entrants must have permission from all individuals that appear in the Submission (if any) to use their name and likeness in the Submission, to use their email address to register, and to grant the rights set forth herein. If requested, Entrant must be able to provide such permissions in a form acceptable by Sponsor. Uploading a Submission constitutes Entrant's consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Songs/Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Song/Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor's sole discretion.
In the event of a dispute as to the owner of any Submission, the authorized account holder of the email address used to register will be deemed to be the Entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant may be required to show proof of being the authorized account holder.
6. Finalist Determination:
a) Digital Voting: Submissions Phase: During the Digital Voting: Submissions Phase, the Entrants' Submissions will be posted for public voting at www.amateurnight.org/song. Individuals who are legal residents of the 50 United States (or the District of Columbia) and who are 15 years of age or older are invited to vote for the Submission that they believe has the most public appeal. Limit: Each person may vote 1 time per day during the Digital Voting: Submissions Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Entrant or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Entrant's Submission and Entrant may be disqualified as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to revise the Judging Criteria (listed below) to exclude the Popularity criteria should the voting as a whole appear to have been tampered with or manipulated in any significant way.
b) Judging: Submissions Phase: During the Judging: Submissions Phase, a panel of qualified judges, determined by Sponsor in its sole discretion, will score all eligible Submissions based on the following criteria:
- Creativity/Originality of Song (20%);
- Quality of Lyrics (30%);
- Quality of Musical Composition (30%); and
- Popularity of Song (number of public votes received during Digital Voting: Submissions Phase) (20%).
The 2 Entrants with the highest scoring Submissions will be deemed the finalists ("Finalists"), provided that in the event that an Entrant has more than 1 Submission qualify as a Finalist (defined below), the Sponsor, in its sole discretion will choose one of the two Submissions to represent that Finalist and the Entrant with the next highest scoring Submission will be deemed a Finalist. In the event of a tie, the Entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, will be deemed the applicable Finalist. Sponsor reserves the right to select fewer than 2 Finalists, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Finalist Requirements: Each Finalist will be notified via email on or around March 14, 2014. Except where prohibited, each Finalist member (including all team members, if applicable) may be required to consent to a routine confidential background check. Each Finalist will receive a Finalist Production Prize trip for 2 to Harlem, NY to have the Song professionally produced (the "Produced Song") and a Finalist Performance Prize trip to for 2 to Harlem, NY where the Song will be performed on stage at the Apollo Theater (collectively, the trips are referred to as the "Finalist Trip Prizes"). A Producer for Amateur Night at the Apollo Theater will contact the Finalist (or Team Captain if Finalist is a team) to discuss the details of the Produced Song and the performance prior to travel. If the Finalist is a team, the team must choose 1 member to travel, and that member may choose 1 guest to travel for each Finalist Trip Prize. The team should keep in mind the details discussed with the Producer when choosing who will travel for each Finalist Trip Prize. If any Finalist cannot travel on the dates specified by the Sponsor, the Finalist Trip Prizes will be forfeited and the Finalist will be disqualified. The recipients of the Finalist Trip Prizes (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release ("Declaration") which must be received by Administrator, within 48 hours of the date notice or attempted notice is sent, in order to claim the prize. If Finalist is a minor (as determined by his/her state of residence), the Finalist's parent/legal guardian must accompany the Finalist on the Finalist Trip Prizes. If a Finalist cannot be contacted, does not consent to a routine confidential background check or Sponsor determines that the Finalist is not an appropriate representative based on the results of the confidential background check, fails to execute and return the Declaration of Compliance, Liability and Publicity Release (for Finalist Trip Prize recipients only) or provide any other requested information within the required time period, forfeits any of the Finalist Trip Prizes, or does not comply with these Official Rules, the Finalist will be disqualified and if time permits, Sponsor may choose an alternate Finalist with the next highest scoring Submission.
8. Winner Determination:
a) Digital Voting: Finalists Phase: During the Digital Voting: Finalists Phase, the Finalists' Produced Songs will be posted for public voting at www.amateurnight.org/song. Individuals who meet the eligibility criteria as set forth in Section 6a will be invited to vote for the Produced Song that they believe has the most public appeal. Finalists may promote their Produced Song via any appropriate traditional and/or social media but any such venue and communications must comply with the Content Restrictions. Limit: Each person may vote 1 time per day during the Digital Voting: Finalists Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Any attempt by any Finalist or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, identities, registrations and logins, or any other methods, will void those votes for the Finalist's Produced Song and Finalist may be disqualified as determined by Sponsor in its sole discretion.
b) Performance and Live Voting: Finalists Phase: During the Performance and Live Voting: Finalists Phase, each Finalist's Produced Song will be performed on stage in front of a live audience at the Apollo Theater (each a "Live Performance"). After the Live Performances, the audience will be asked to vote for the Produced Song that they believe has the most public appeal via applause. An applause meter will be used to determine which Finalist received the most applause. The potential Grand Prize winner will be selected based on the following criteria:
- Number of Public Votes Received During Digital Voting: Finalists Phase (50%); and
- Amount of Applause during Performance and Live Voting: Finalists Phase (50%);
In the event of a tie, the Finalist with the highest scoring Submission as determined in Section 6b will be determined the potential Grand Prize winner.
9. Winner Requirements: The potential Grand Prize winner (or winners, if part of a team) will be announced on April 30, 2014 at the Live Performance. The potential Grand Prize winner and team members, if applicable, (or parent/legal guardian(s) if winner(s) is a minor in his/her state of residence) will be required to sign and return to Administrator a Declaration in order to claim his/her prize and to fulfill any such other requirements as determined by Administrator. The Declaration must be completed by the winner (and team member, if one should accompany) at the Live Performance. If there are other team members not present at the Live Performance, the applicable Declarations will be sent to the Team Captain, and the Team Captain must ensure that each team member signs and returns to Administrator within 5 days of the date notice or attempted notice is sent. If the potentially winning team members (if applicable) cannot be contacted, or fail to sign and return the Declaration within the required time period, or if prize is returned as undeliverable, he/she forfeits prize. In the event that the potential Grand Prize winner(s) is disqualified for any reason, the prize may be awarded to the runner-up, in Sponsor's sole discretion. Acceptance of any prize shall constitute and signify winner's agreement and consent that Sponsor and its designees may use the name, city, state, likeness, photo, Song, Submission, Produced Song, and/or prize information of winner (or winners, if part of a team) in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, winner(s) shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Song, Submission, and Produced Song, and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission and Produced Song for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission or Produced Song and that Sponsor in its sole discretion shall have the right to refrain from using the Submission or Produced Song. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 11 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Grand Prize will be fulfilled 8 - 10 weeks after end of Contest Period.
a) Finalist Trip Prizes:
2 FINALIST PRODUCTION PRIZE TRIPS: A trip package for 2 to Harlem, NY to create the Produced Song at the end of March 2014. Trip package includes round trip, coach-class air transportation for 2 from a major airport near Finalist's home (determined by Sponsor in its sole discretion); round trip ground transportation between airport and hotel; 2 nights' accommodations at Sponsor's choice of hotel (single room, double occupancy); the opportunity to work with a Producer for Amateur Night at the Apollo Theater to create the Produced Song; $500 spending money; and travel agent services. Approximate Retail Value ("ARV"): $4,000.
2 FINALIST PERFORMANCE PRIZE TRIPS: A trip package for 2 to Harlem, NY for the performance of the Song on stage at the Apollo Theater on April 30, 2014. Trip package includes round trip, coach-class air transportation for 2 from a major airport near Finalist's home (determined by Sponsor in its sole discretion); round trip ground transportation between airport and hotel; 2 nights' accommodations at Sponsor's choice of hotel (single room, double occupancy); the opportunity to attend Amateur Night at the Apollo Theater on 4/30/13 for the Live Performance; $500 spending money; and travel agent services. ARV: $4,000.
For all Finalist Trip Prizes: Travel must occur on the dates specified by the Sponsor in its sole discretion, or prize will be forfeited. All travelers must travel on same itinerary. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. If trip destination is less than 250 miles from the Finalist's residence, winner will be provided $200 in spending money for driving expenses in lieu of air transportation. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner. If winner chooses to bring a guest (instead of a team member), and winner's guest is a minor (as determined by his/her state of residence), winner must be minor's parent/legal guardian and must complete required paperwork on behalf of minor, as applicable. Travel companion must execute liability/publicity releases prior to issuance of prize documents. Restrictions, conditions and limitations may apply. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
b) Grand Prize:
1 GRAND PRIZE: A check for $5,000. If Grand Prize winner is a team, the $5,000 will be split evenly amongst the team, and a check for each portion of the prize will be distributed to each team member. Team members will be determined by reference to individuals whose names and email addresses are listed on the registration form pursuant to Section 5. ARV: $5,000.
For All Prizes: No substitution, exchange or transfer of prize by winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use.
11. Publicity: Except where prohibited, participation in the Contest constitutes entrant's consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness, city and state of residence for promotional purposes in any media without further consideration.
12. General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release, indemnify, and hold harmless ePrize, Inc., Apollo Theater Foundation, Inc. and its board of directors, The CocaCola Company, CocaCola bottlers, Situation Marketing LLC d/b/a/ Situation Interactive, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest (including due to violations of the Content Restrictions). Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
14. Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the "Contest Administration") shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (b) 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 attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest and Contest Administration, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
15. Winner List: For a winner list, visit http://bit.ly/1dxOWzj. The winner list will be posted after winner confirmation is complete.