1. Overview. The TouchTunes Breakout Band Contest (“Contest”) provides emerging musicians with an opportunity to get their original music up on the TouchTunes network. A maximum of up to 500 submissions can be accepted. You enter by submitting your original song to be made available to the public via the TouchTunes digital jukebox network (subject to standard TouchTunes licensing terms). The winner with the best original song/performance will have a chance to participate in a one-hour consultation and live audition with Warner Bros. Records receive three thousand dollars ($3,000), and a national music promotion on TouchTunes. By entering, you agree to be bound by these Official Rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
2. Eligibility. Participation is open only to legal residents of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old as of date of entry. If entry is by or on behalf of a group or band, eligibility applies to all band members. Employees, officers and directors of TouchTunes and Warner Bros. Records, and its parent companies, subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers or distributors of Contest materials (collectively, the “Released Parties”) and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Contest may only be entered in or from the United States and the District of Columbia, and entries originating from any other jurisdiction are not eligible for entry. You are not authorized to participate in the Contest if you (and all band members) are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply. Void where prohibited.
By entering, you (and each member of your band if applicable) certify that you meet all eligibility requirements, including but not limited to the fact that you do not have any of the following agreements in effect (written or oral):
• any agreement limiting the use of your name, voice and/or likeness;
• any contractual arrangement that would prohibit you from fully participating in any TouchTunes promotion or Warner Bros. Records music release; or
• any other contractual arrangement that would require the payment of fees to any third party for the use of your voice, appearance or services, or any audio or visual recordings or representations thereof in any media.
All entrants, including all band members, if applicable (collectively an “Entrant”), are subject to background checks to confirm eligibility and suitability for participation in a national promotion or single release in the absolute discretion of TouchTunes and Warner Bros. Records, as applicable. Upon request, any Entrant (including all band members, if applicable) may be required to provide a signed declaration or affidavit confirming eligibility and consenting to detailed background checking to the fullest extent permitted under applicable law. Failure to comply when requested may result in disqualification. Limit one Submission per Entrant.
3. How to Enter. To enter the TouchTunes Breakout Band Contest, visit www.touchtunesbreakoutband.com (the “Website”) between 12:00:01 a.m. ET on November 17, 2015 and 11:59:59 p.m. ET on December 13, 2015 (the “Entry Period”) and follow the directions to submit an entry, which will include at least the following steps, along with any other instructions posted on the Website:
a. One original song must be uploaded per the instructions posted on the Website in the following format: MP3, 320 kbps, 44.1 Khz, Stereo, CBR.
b. Complete all fields on the entry form. Incomplete entries are void.
c. Supply Album Artwork for your song in Jpeg, 1500×1500, 300 dpi, RGB, 100q format. Artwork must not include vulgar creative and is subject to the approval of TouchTunes. If no artwork is supplied, your song cannot be shown on the TouchTunes network and your Submission is not complete.
d. Confirm acceptance of these Official Rules and the standard TouchTunes License Agreement (available on the Website) on behalf of yourself an on behalf of all members of your band/group, if applicable. If the License Agreement is not accepted, your song cannot be uploaded to the Touchtunes network for public play, and you will not be entered into this Contest. No guaranty is made that any particular song or Submission will play on all jukeboxes or in all venues that are part of the Touchtunes network.
e. Complete any other required documents, such as a W-9, to enable TouchTunes to pay royalties pursuant to the standard TouchTunes license agreement. Any royalty payment (or prize payment) will be made to the person or entity identified by the individual completing documents on behalf of an Entrant. In case of a group or band as the Entrant, the person completing the entry submission warrants and represents that he/she has authority to act on behalf of all members of the group/band and that all information and instructions are correct.
f. Pay the non-refundable $15 submission fee with a valid credit card or Paypal account. (Fee is not required for Entrants located in AZ, IA, LA, or MD.)
All entry information, songs and submissions shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each Entrant warrants and represents the following with respect to their Submission: (a) Entrant owns or controls all rights in and to the Submission; (b) the Submission is Entrant’s own creation; and (c) the Submission will not infringe on any rights of any third parties. In the case of a group/band, the person registering group/band must (i) list the names of all performers, (ii) certify that he/she has the right to act on behalf of all band members, and (iii) agree to these Terms and Conditions on behalf of all the band members. A maximum of up to 500 Submissions can be accepted. If and when that limit is reached, the Entry Period will then end.
No responsibility is assumed for lost, late, illegible, delayed, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Submissions, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Proof of submission will not be deemed to be proof of receipt.
Submission Guidelines & Requirements:
• The Submission must be the original work of the Entrant. The Entrant must own the master recording and publishing rights to the song. Sampled material, cover songs, or other non-original content will not be accepted.
• Only one (1) Submission will be considered per Entrant and per person; any additional Submissions by the same person or band will be disqualified. A person can only participate one time, either alone or as a member of one band/group, not in any multiple capacity.
• Music must be in the following format: Sound file – MP3, 320 kbps, 44.1 Khz, Stereo, CBR. No responsibility is assumed if music is not submitted in the format required, or if music files are corrupt. No refund will be provided for any corrupt music or music not uploaded correctly.
• Artwork must be in Jpeg, 1500×1500, 300 dpi, RGB, 100q formats and must follow any other instructions posted on the Website.
Without limiting any other provision in these Official Rules, the following will result in disqualification of a Submission:
• Files are not in the right format
• Music is too vulgar/explicit as determined by Sponsor in its discretion
• Poor sound quality
• Paperwork submitted incorrectly
• Entrant does not own the full rights to the song
• The song file and/or artwork file is corrupted
4. Content Restrictions. Submissions must not:
• Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
• Disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest.
• Contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, libelous, or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or that is unlawful, in violation of, or contrary to the laws or regulations in any jurisdiction where the Submission is created.
Without limiting any other provision in these Official Rules, Sponsor reserves the right to disqualify any Submission which does not comply with these Official Rules or which is otherwise deemed to contain inappropriate content, as determined by Sponsor in its discretion.
5. License/Usage Rights. Entrant must have permission from all individuals who participated in the creation of the Submission to use their name, performance, likeness, and any other content they furnished for all purposes as contemplated in these Official Rules. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor.
Except for usage rights in songs on the TouchTunes digital jukebox network, which will be governed by the standard TouchTunes license agreement, uploading a Submission constitutes Entrant’s consent (on behalf of all members of a band/group if applicable) to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission, 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 (and any co-creators) will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Submission.
All Submissions will be reviewed for content, and no guarantee is made as to when/if any particular song will be made available for play on the TouchTunes digital jukebox network. Submissions containing prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to which Submissions are eligible to take part in the Contest.
Entry into the Contest and/or acceptance of a prize constitutes consent (including from all members of a band or group if applicable) that the Entrant’s name, photograph, picture, portrait, likeness, voice, biographical data and/or statements made by the Entrant regarding the Contest or Sponsor may be used for advertising and promotional purposes without limitation and without additional notice, compensation, or consent, except where prohibited by law, in any media now known or hereafter developed.
6. Judging. Judging will be conducted by a panel of recording artist judges in two rounds as described below. Members of the judging panel may or may not be publicized and the judging panel members’ names may or may not be publicized. Regardless of any publication of names, the composition of the judging panel is subject to change in Sponsor’s discretion.
Round 1- During the period beginning in early January 2016 – mid February 2016, all eligible Submissions will be uploaded to eligible TouchTunes jukeboxes across the United States under the Breakout Band Playlist and be judged based on the following criteria: (a) Creativity and originality of music; (b) Production quality of recording; (c) Lyrical Composition; (d) Quality of musicianship and performance; and (e) Public appeal, for which number of song plays on the TouchTunes network may be considered, as well as social media outreach, as a factor by the judges in their discretion.
Round 2- During the month of February 2016, a maximum of ten (10) Entrants will be announced as the “Finalists” in the Contest. As a condition of becoming a Finalist, an Entrant will be required to submit a press shot, bio, and video footage. In addition, the Entrant (and each individual member in case of a band or group), must sign all necessary documents required by Sponsor, which may include, without limitation, the liability releases, publicity releases, confirmation of acceptance of these Official Rules and the TouchTunes standard license, and consent to a background check. Failure to comply when requested may result in disqualification and selection of an alternate Finalist.
The Finalists will then be judged by the panel of judges, using the same criteria applied in Round 1 (plus evaluation of newly submitted video footage), to determine the one (1) winner in early March 2016.
7. Prize. The winning Entrant (“Winner”) becomes entitled to the following three things:
• A one-hour consultation with a representative from the Warner Bros. Records Artists & Repertoire team to discuss career development and an audition for an opportunity to be considered for a recording contract with Warner Bros. Records. There is no guarantee or promise that Winner (including all band members, if applicable) will receive a recording contract. Prize includes a trip for up to four (4) band members to attend the audition and consultation in the Los Angeles Area. Transportation and accommodations are only for Winner (and band members, if applicable). Trip consists of round trip airline transportation (coach class) for up to four (4) people from major continental U.S. airports nearest Winner’s residence (and each band member’s, if applicable) to Los Angeles, hotel accommodations (consisting of up to two (2) double occupancy, standard rooms) for 2 nights, and ground transportation between airport and hotel in the Los Angeles area. Exact location/date will be communicated to Winner at time of winner selection/validation. Estimated value of prize: $3,500 actual value may vary depending on departure and destination cities and number of band members; if Winner (or any band member, if applicable) lives in the Los Angeles area, as determined by the Sponsor, ground transportation for Winner (or the band member, if applicable) may be provided in lieu of air travel; any difference between actual value and advertised value will not be awarded. Any meals, beverages, transportation or other expenses or costs relating to the prize not expressly set forth above are the sole responsibility of the winner or recipient. Major credit card will be required at hotel check-in to cover any incidental expenses. Winner (including all band members, if applicable) must have all necessary photo ID for air travel. Any person taking part in the trip who is a minor under the laws of his/her state of residence must be accompanied by a parent or legal guardian who also must execute all documents on behalf of the minors.
• $3,000, to be paid in the form of a check. Payment will be made in a single sum to the person/entity identified as representing the Entrant at the time of the original Submission. Any division of funds among members of a band/group (if applicable) is the responsibility of the members of the Entrant band/group.
A national music promotion on the TouchTunes network for the song in the winning Submission. National promotion will include creative elements featuring the Winner. The exact nature, scope, duration and prominence of the promotion are in TouchTunes’ discretion. No guaranty is made that any particular content will appear on all jukeboxes or in all venues that are part of the TouchTunes network. Estimated minimum value $1,000.
Prizes are non-transferable. No substitutions or cash redemptions. Sponsor reserves the right to substitute a prize of equal or greater value in the event any advertised prize becomes unavailable. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of Submissions are received that meet the minimum eligibility or judging criteria.
8. Winner Notification. In the beginning of March 2016, the Winner will be notified by email or phone and, to the extent not already completed as part of the Finalist-selection process, will be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release within three (3) days (or such longer time as Sponsor may permit) of prize notification. Where applicable, all members of an Entrant band/group must sign any required documents. If the Winner cannot be contacted within three (3) calendar days of first notification attempt, or if the Winner rejects the prize, or in the event of noncompliance with these Official Rules, the prize will be forfeited and may be awarded to an alternate Winner. Upon prize forfeiture, no compensation will be given.
9. General Prize Conditions. Winner (including all band members, if applicable) acknowledges that the consultation and the audition and are provided solely by Warner Bros. Records, not by Sponsor, that Sponsor has no responsibility or liability for delivery of the consultation or audition. Winner (including all band members if applicable) also acknowledges that the other elements of the Prize (i.e. the $3,000 check and national promotion on TouchTunes network)) are provided by Sponsor, and that Warner Bros. Records has no responsibility or liability for delivery of such other elements of the Prize.
Winner (including all band members, if applicable) agrees to participate in a reasonable number of press appearances to promote the Contest. Sponsor will pay reasonable expenses, including travel, related to press appearances. Timing for press appearances is in Sponsor’s discretion, subject to winner’s (including all band members, if applicable) reasonable availability. Winner (including all band members if applicable) will make reasonable best efforts to be available for an appearance and performance for the American Amusement Machine Association’s Amusement Expo in Las Vegas on March 16-17, 2016. All appearances and performances may be used by TouchTunes for promotional purposes and in connection with such performance TouchTunes may require Winner (including all band members if applicable) to enter into its standard artist release form. Without limiting the foregoing, if Winner (including all band members, if applicable) cannot attend the Amusement Expo in Las Vegas on March 16-17, 2016, prize may be forfeited and may be awarded to an alternate winner, time permitting.
Any federal, state and local taxes on the prize or any moneys paid as royalties are the sole responsibility of the Winner or recipient. By making a Submission, each Entrant agrees to release and hold harmless the Released Parties, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation or invasion of privacy. Sponsor is not responsible if Contest cannot take place or if the prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified.
10. Additional Terms. In case of dispute as to the identity of any Person making a Submission, the person will be deemed to be the authorized account holder of the email address accompanying the Submission at the Website. “Authorized Account Holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address.
The Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to any computer relating to or resulting from participating in this Contest, downloading any materials in this Contest, or attempting to make a Submission. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the Winner in a fair and equitable manner, as determined by Sponsor in its discretion, in light of the circumstances. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the Contest in any way. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unsportsmanlike conduct, or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
11. Limitation of Liability; Disclaimer of Warranties. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or points or the tabulating of points, the announcement of the prizes or in any Contest-related materials; or (e) any 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 or receipt or use or misuse of any prize. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes; Governing Law. Release of Liability: By participating, you hold harmless the Released Parties and their respective employees, directors, artists and agents from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize, and you agree that these entities and persons are in no way responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Contest and/or the awarding of any prize except as expressly set forth in these Official Rules. By entering the Contest, you further agree that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses. These rules and any disputes relating hereto are governed by the internal laws of the State of New York, without regard to principles of conflicts of laws, and by entering you consent to the exclusive jurisdiction of the state and federal courts in New York for resolution of any disputes relating to the Contest and waive any objection thereto.
Sponsor. TouchTunes, 850 Third Avenue, New York, NY 10022.