Terms & Conditions
- VOID WHERE PROHIBITED BY LAW.
- THIS IS A SKILL-BASED CONTEST.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT ARE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. DESCRIPTION OF THE CONTEST: The $500.00 prize(s) will be awarded to the best submission(s) received during the submission period. Winning submissions will be as determined by the Judges (defined below) in accordance with the Judging Criteria as well as these Official Rules and are subject to verification.
2. ELIGIBILITY: This Contest is open only to entrants who are legal residents and physically located in the United States or District of Columbia and who are at least eighteen (18) years old at time of entry. Void to residents of: ARIZONA, ARKANSAS, COLORADO, IOWA, LOUISIANA, MICHIGAN, MISSISSIPPI, NEBRASKA, SOUTH CAROLINA, SOUTH DAKOTA, AND VIRGINIA. Void where prohibited by law.
Final eligibility to be determined at Sponsor’s sole discretion. Persons who are any of the following are not eligible to participate or win the prize(s) offered in the Contest: (a) employees, officers, or directors of Tatono Music, LLC, its affiliate or subsidiary companies, participating advertising and promotion agencies; and (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household (defined as those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not) as any person in (a) above.
Upon entry, If Entrant fails the eligibility requirements of the Contest or does not abide by these Official Rules, then the Entrant will be disqualified. In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Entrants, without limiting Sponsor’s rights and remedies, the Entrant that first submitted the submission will be deemed the proper Entrant for this Contest. In the event of any dispute regarding the identity of an Entrant, the relevant submission will be deemed submitted by information provided at the time of the submission.
3. HOW TO ENTER: To enter this Contest, entries shall be submitted as specified on the website, along with a non-refundable fee of ten dollars ($10.00) on or before the Closing Date (“Entry Period”). Sponsor’s designated clock is the official time clock of the Contest. Entry application must include full and accurate contact information for Entrant. Each entry must comply with the Submission Guidelines (defined below) and any requirements set forth on the Website.
A submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Website and in these Official Rules. Those who do not follow all the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.
All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Entrant. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
4. ENTRY FEE. Fees associated with entries that are disqualified based upon a violation of the herein rules shall not be reimbursed.
5. SUBMISSION GUIDELINES: In addition to the provisions set forth herein, each entry must also comply with the following guidelines or will be subject to disqualification at the Sponsor’s sole and unfettered discretion:
a. Entries must:
i. Be works of original composition;
ii. Comply with the genre requirements;
iii. Comply with the file type requirements;
iv. Comply with the track length requirements; and
v. Be submitted on or before the close of the contest.
b. Entries that consisting of corrupt or otherwise “damaged” files shall be disqualified. Sponsor may in its sole and unfettered discretion contact Entrant to request a file be re-uploaded.
c. In addition to the requirements set forth above, each entry must comply with the following:
i. The entry must be the Entrant’s original work; however, entrant may use ideas and concepts that are in the public domain. The entry must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third-party person or entity.
ii. The entry must not contain any content or material that is obscene, pornographic, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by the Judges and/or Sponsor in their sole and absolute discretion.
iii. The entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be publicly disclosed, and Entrant is solely responsible for any consequences thereof.
iv. The entry must not contain any clearly visible or audible commercial content or logos of any entity.
v. Entries that are lewd, obscene, pornographic, disparaging of the Sponsor or otherwise contain objectionable material may be disqualified in the Sponsor’s sole and unfettered discretion.
vi. Entries cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law. The Judges and/or Sponsor reserve the right to disqualify at any time, any entry that they determine, in their sole and absolute discretion does not meet the requirements of the Official Rules or is inappropriate for any reason. Proof of submission does not constitute proof of receipt.
vii. No background artwork should appear in the submissions unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in submissions must be created solely by the Entrant or Entrants must be the sole owner of all copyright interests therein.
6. JUDGING: After the conclusion of the Entry Period, all entries will be judged by a panel of six individuals Involved in the music industry at a professional level with at least three (3) years’ experience in playing music, writing music, recording music, mixing music, buying talent, and/or concert promotion.
(“Judges”) based on the following judging criteria (the “Judging Criteria”), with each Judging Criteria equally weighted:
1. Recording and Production
2. Creativity/Originality
3. Song Structure and Composition
4. Music and Melody
5. Overall Effect
Each criterion will be assigned up to 100 points for a total of 500 possible points.
A winner shall be determined based on the total score the Judges assign to each submission using the Judging Criteria. The entry with the highest total points shall be deemed the winner. Winner(s) shall be determined solely by the an application of the judging criteria set forth herein.
A winner will be announced on www.tunederby.com/ thirty days after the close of the entry period. If that date falls on a weekend or holiday, the winner will be announced the first business day thereafter.
7. JUDGING PROCESS:
a. Initial Judging: Each qualifying submission will be judged by a panel of Judges who will evaluate and score entries based on the Judging Criteria. Prior to being selected and confirmed as a winner, winner may be required to submit clearances and releases for all people, locations, participants, service providers and media/content used within their submission to be eligible to continue to participate in the Contest. Failure to respond within the time-frame specified by the Sponsor will forfeit the chance to win a prize. Sponsor will select an alternate winner (the entry with the next highest score).
b. Ties: If there is a tie after the Judges apply the Judging Criteria, Sponsor will select a new Judge to act as the “Tie Breaking Judge” to apply the same Judging Criteria to break the tie and determine the winner. The Tie Breaking Judge will be an individual who meets the criteria above and will not have been involved in the Initial Judging. Additional Tie Breaking Judges shall be utilized if necessary.
c. Each Entrant and all the entries are subject to validation at any time by Sponsor and/or the Judges, whose decisions are final and binding in all respects. Entrants may be asked to sign additional documentation before being declared official winners. Winning submissions are subject to confirmation that they have met the eligibility requirements and complied with these Official Rules.
8. PRIZE: It is the responsibility of the Prize Winners to provide proper documentation (including government issued picture identification) as may be requested by Sponsor.
Only the prizes stated in these Official Rules will be awarded. All other expenses not specified herein are the responsibility of the winners. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER(S).
Prizes are non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prize(s), the Sponsor may elect, to award an alternate prize of comparable or greater value.
In the event a winner engages in behavior that (as determined by Sponsor or any prize provider, in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize.
All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. If any prize winner is incompetent, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
Prizes shall be provided no later than thirty (30) days after any required documentation is provided by the winner.
9. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS: With the exception of the use of any of Sponsor’s materials, the ownership rights to each submission will remain with the Entrants as more fully contemplated below. As a condition of participation in the Contest, Entrant, upon submission of his/her/their submission to the Contest, irrevocably grants to Sponsor, and each of its affiliates, licensees, successors and/or assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, song, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize to the winner or winners in this Contest.
Sponsor, and each of its affiliates, successors, assigns and licensees, will have the right to make unlimited derivative works of submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest.
Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the Entrant’s winning submission be assigned to Sponsor or otherwise that Sponsor may choose to obtain (in its discretion) a 12-month exclusive option to use and air the submission and, after such 12-month period expires, Tune Derby has the right of first refusal to extend the license for an additional 12-month period for a one (1)-time payment in an amount to be determined by the Entrant and Sponsor.
Entrants will be required to confirm such rights grant by completing and submitting an Affidavit and Release (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third-party obligations. All submissions that are posted on the Website or elsewhere are available to be viewed by anyone with access to the Internet.
10. CONDITIONS OF PARTICIPATION: Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Submission of entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner, as applicable and if time permits. Potential prize winners may be required to sign and return an Affidavit and Release at any time thereafter (as requested by Sponsor) as a condition to receiving the prize. Failure to comply with this requirement may result in disqualification and potential selection of an alternate winner.
Entrant’s participation and services in connection with such activities shall be deemed a work made-for-hire for Tune Derby, as such term is understood in copyright law. In addition, acceptance of any prize constitutes permission for, and winners’ consent to, Sponsor and its partners and agencies, and their respective successors, assigns and licensees, to use a winner’s name, photograph, biographical information and/or likeness and entry in any all forms of media and by any and all means (now and hereafter known), throughout the world, in perpetuity, for any purpose, including, without limitation, for advertising and promotional purposes, without any obligation, notice or additional compensation, unless prohibited by law.
To the extent permitted by law, Entrants agree to hold Sponsor, its parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or associated agencies.
Due to the unique nature and scope of this Contest, Sponsor reserves the right to alter or modify these Official Rules at any time. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
The Released Parties (defined below) are not responsible for any changes or unavailability of the social media platform or website used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform or website for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, AND ADMINISTRATOR IF APPLICABLE, RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITED BY LAW. THE COURTS (OREGON STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF OREGON SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
11. ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. Sponsor further reserves the right at any time, including after announcement of winners to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
12. DISPUTE RESOLUTION:
12.1 By entering this Contest, you and Tune Derby agree to arbitrate all disputes and claims arising out of or relating to this Contest, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before entry into the Contest (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of the Contest Period.
For purposes of Section 11 only, references to “Tune Derby,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in Oregon small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates Contest. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering this Contest, you and Tune Derby are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
12.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Tune Derby should be addressed to: Tune Derby 400 SW Bluff Drive, Suite 240, Bend, OR 97702 ("Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Tune Derby and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tune Derby may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tune Derby or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tune Derby is entitled.
12.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Official Rules. All issues arising under these official rules are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision.
Unless Tune Derby and you agree otherwise, any arbitration hearings will take place in Deschutes County, Oregon. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
Except as otherwise provided for herein, the parties shall be responsible for paying their own AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of the claim(s) or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
12.4 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Tune Derby AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tune Derby agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12.5 Notwithstanding any provision in these Official Rules to the contrary, we agree that if Tune Derby makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
12.6 By entering a submission, Entrant agrees to personal jurisdiction in the Courts of the State of Oregon.
13. WARRANTY AND INDEMNITY: Entrants certify that their entry is original and that they have the right to submit the entry in the Contest. Each Entrant agrees not to submit any entry that:
(1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation;
(2) includes any personally identifiable information;
(3) is libelous, slanderous, or defamatory in any way; or
(4) otherwise violates applicable law.
To the maximum extent permitted by law, each Entrant agrees to release, discharge and hold harmless Sponsor, and each of its respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize).
Without limiting the generality of the foregoing, Entrant agrees that Released Parties:
(a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose;
(i) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and
(iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.
Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from Entrant’s participation in the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation, resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.
14. SIMILAR MATERIALS: Entrants acknowledge that Sponsor engages, has engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, entertainment, artistic and other material (collectively, the “Materials”), including, without limitation, Materials that are similar or identical to the submissions submitted in this Contest. Entrants also acknowledge that other persons, including employees of Sponsor, may previously have originated and may hereafter originate Materials that are similar or identical to the entries. Entrants agree that they will not be entitled to any compensation because of the use by Sponsor of any such similar or identical material. Without limitation of the foregoing, Sponsor may use, without any payment or other obligation whatsoever to any Entrant, any part of the Materials, and any idea or concept contained therein, that:
(a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by Sponsor before or at the time of entry;
(b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws;
(c) has been made public by anyone at the time of its submission to Sponsor or otherwise is in the public domain;
(d) would be freely usable by a third person if it had not been accepted as a submission or the subject of any agreement;
(e) is not protected by United States copyright law; or,
(f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by Sponsor or any third party.
Entrants agree that Sponsor’s development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the entries or containing features, ideas, material and/or elements similar to or identical with those contained in entries shall not entitle any Entrant to any compensation or other right or remedy. As an inducement to Sponsor to accept each submission for entry into the contest, Entrants hereby waive any claim or right of action against Sponsor or its successors in connection with the Sponsor’s use of any Materials (or any portions thereof) whether such Materials are similar or identical to a submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in a submission. Acceptance by Sponsor of a submission is not an admission by Sponsor of the novelty or originality of the submission.
15. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the registration process of the Content is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor further reserves the right to disqualify any individual who tampers with the registration process. Caution: Any attempt by an Entrant to damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the law.
16. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
17. WINNERS’ LISTS: For a list of winners’ names, visit https://www.tunederby.com/ or write to Tune Derby care of Tatono Music LLC, dba Tune Derby, 400 SW Bluff Drive, Suite 240, Bend, OR 97702. Winners’ Lists shall be available for a period of up to two years from the end of the contest.
18. SPONSOR: The Sponsor of this Contest is Tatono Music LLC, dba Tune Derby, 400 SW Bluff Drive, Suite 240, Bend, OR 97702.
19. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
20. DATES & DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
21. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Entrant agrees to sign the same upon Sponsor’s request therefor.
22. PRIVACY / INFORMATION SUBMITTED: As a condition of entering the Contest, Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest winner’s list. Information submitted in connection with the Contest will be treated in accordance with the Website’s Privacy Policy.
23. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit and Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit and Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
- THIS IS A SKILL-BASED CONTEST.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT ARE REQUIRED.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE CONTEST, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH CREATE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. DESCRIPTION OF THE CONTEST: The $500.00 prize(s) will be awarded to the best submission(s) received during the submission period. Winning submissions will be as determined by the Judges (defined below) in accordance with the Judging Criteria as well as these Official Rules and are subject to verification.
2. ELIGIBILITY: This Contest is open only to entrants who are legal residents and physically located in the United States or District of Columbia and who are at least eighteen (18) years old at time of entry. Void to residents of: ARIZONA, ARKANSAS, COLORADO, IOWA, LOUISIANA, MICHIGAN, MISSISSIPPI, NEBRASKA, SOUTH CAROLINA, SOUTH DAKOTA, AND VIRGINIA. Void where prohibited by law.
Final eligibility to be determined at Sponsor’s sole discretion. Persons who are any of the following are not eligible to participate or win the prize(s) offered in the Contest: (a) employees, officers, or directors of Tatono Music, LLC, its affiliate or subsidiary companies, participating advertising and promotion agencies; and (b) immediate family members (defined as parents, children, siblings and spouse, regardless of where they reside) and/or those living in the same household (defined as those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not) as any person in (a) above.
Upon entry, If Entrant fails the eligibility requirements of the Contest or does not abide by these Official Rules, then the Entrant will be disqualified. In the event of a dispute where a given submission is deemed to have been submitted by two (2) or more separate Entrants, without limiting Sponsor’s rights and remedies, the Entrant that first submitted the submission will be deemed the proper Entrant for this Contest. In the event of any dispute regarding the identity of an Entrant, the relevant submission will be deemed submitted by information provided at the time of the submission.
3. HOW TO ENTER: To enter this Contest, entries shall be submitted as specified on the website, along with a non-refundable fee of ten dollars ($10.00) on or before the Closing Date (“Entry Period”). Sponsor’s designated clock is the official time clock of the Contest. Entry application must include full and accurate contact information for Entrant. Each entry must comply with the Submission Guidelines (defined below) and any requirements set forth on the Website.
A submission may, in Sponsor’s sole and absolute discretion, be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Website and in these Official Rules. Those who do not follow all the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void.
All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the Entrant. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
4. ENTRY FEE. Fees associated with entries that are disqualified based upon a violation of the herein rules shall not be reimbursed.
5. SUBMISSION GUIDELINES: In addition to the provisions set forth herein, each entry must also comply with the following guidelines or will be subject to disqualification at the Sponsor’s sole and unfettered discretion:
a. Entries must:
i. Be works of original composition;
ii. Comply with the genre requirements;
iii. Comply with the file type requirements;
iv. Comply with the track length requirements; and
v. Be submitted on or before the close of the contest.
b. Entries that consisting of corrupt or otherwise “damaged” files shall be disqualified. Sponsor may in its sole and unfettered discretion contact Entrant to request a file be re-uploaded.
c. In addition to the requirements set forth above, each entry must comply with the following:
i. The entry must be the Entrant’s original work; however, entrant may use ideas and concepts that are in the public domain. The entry must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any third-party person or entity.
ii. The entry must not contain any content or material that is obscene, pornographic, defamatory, libelous, obscene, violent, racist, derogatory of any ethnic, racial, gender, religious, professional or age group or otherwise inappropriate or objectionable, as determined by the Judges and/or Sponsor in their sole and absolute discretion.
iii. The entry must not contain any personally identifiable information of any person other than the Entrant. Should the Entrant include personally identifiable information about him/herself in the entry, Entrant acknowledges and agrees that such information may be publicly disclosed, and Entrant is solely responsible for any consequences thereof.
iv. The entry must not contain any clearly visible or audible commercial content or logos of any entity.
v. Entries that are lewd, obscene, pornographic, disparaging of the Sponsor or otherwise contain objectionable material may be disqualified in the Sponsor’s sole and unfettered discretion.
vi. Entries cannot and will not promote any activity that is unsafe, hazardous, dangerous or prohibited by law. The Judges and/or Sponsor reserve the right to disqualify at any time, any entry that they determine, in their sole and absolute discretion does not meet the requirements of the Official Rules or is inappropriate for any reason. Proof of submission does not constitute proof of receipt.
vii. No background artwork should appear in the submissions unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in submissions must be created solely by the Entrant or Entrants must be the sole owner of all copyright interests therein.
6. JUDGING: After the conclusion of the Entry Period, all entries will be judged by a panel of six individuals Involved in the music industry at a professional level with at least three (3) years’ experience in playing music, writing music, recording music, mixing music, buying talent, and/or concert promotion.
(“Judges”) based on the following judging criteria (the “Judging Criteria”), with each Judging Criteria equally weighted:
1. Recording and Production
2. Creativity/Originality
3. Song Structure and Composition
4. Music and Melody
5. Overall Effect
Each criterion will be assigned up to 100 points for a total of 500 possible points.
A winner shall be determined based on the total score the Judges assign to each submission using the Judging Criteria. The entry with the highest total points shall be deemed the winner. Winner(s) shall be determined solely by the an application of the judging criteria set forth herein.
A winner will be announced on www.tunederby.com/ thirty days after the close of the entry period. If that date falls on a weekend or holiday, the winner will be announced the first business day thereafter.
7. JUDGING PROCESS:
a. Initial Judging: Each qualifying submission will be judged by a panel of Judges who will evaluate and score entries based on the Judging Criteria. Prior to being selected and confirmed as a winner, winner may be required to submit clearances and releases for all people, locations, participants, service providers and media/content used within their submission to be eligible to continue to participate in the Contest. Failure to respond within the time-frame specified by the Sponsor will forfeit the chance to win a prize. Sponsor will select an alternate winner (the entry with the next highest score).
b. Ties: If there is a tie after the Judges apply the Judging Criteria, Sponsor will select a new Judge to act as the “Tie Breaking Judge” to apply the same Judging Criteria to break the tie and determine the winner. The Tie Breaking Judge will be an individual who meets the criteria above and will not have been involved in the Initial Judging. Additional Tie Breaking Judges shall be utilized if necessary.
c. Each Entrant and all the entries are subject to validation at any time by Sponsor and/or the Judges, whose decisions are final and binding in all respects. Entrants may be asked to sign additional documentation before being declared official winners. Winning submissions are subject to confirmation that they have met the eligibility requirements and complied with these Official Rules.
8. PRIZE: It is the responsibility of the Prize Winners to provide proper documentation (including government issued picture identification) as may be requested by Sponsor.
Only the prizes stated in these Official Rules will be awarded. All other expenses not specified herein are the responsibility of the winners. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER(S).
Prizes are non-transferable, with no equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide a winner with his/her prize(s), the Sponsor may elect, to award an alternate prize of comparable or greater value.
In the event a winner engages in behavior that (as determined by Sponsor or any prize provider, in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the right to receive a prize.
All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. If any prize winner is incompetent, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
Prizes shall be provided no later than thirty (30) days after any required documentation is provided by the winner.
9. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS: With the exception of the use of any of Sponsor’s materials, the ownership rights to each submission will remain with the Entrants as more fully contemplated below. As a condition of participation in the Contest, Entrant, upon submission of his/her/their submission to the Contest, irrevocably grants to Sponsor, and each of its affiliates, licensees, successors and/or assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the submission, and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, song, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize to the winner or winners in this Contest.
Sponsor, and each of its affiliates, successors, assigns and licensees, will have the right to make unlimited derivative works of submissions, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the submissions submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with submissions submitted as part of the Contest.
Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of submissions and are not obligated to use any submission. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the Entrant’s winning submission be assigned to Sponsor or otherwise that Sponsor may choose to obtain (in its discretion) a 12-month exclusive option to use and air the submission and, after such 12-month period expires, Tune Derby has the right of first refusal to extend the license for an additional 12-month period for a one (1)-time payment in an amount to be determined by the Entrant and Sponsor.
Entrants will be required to confirm such rights grant by completing and submitting an Affidavit and Release (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prizes. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third-party obligations. All submissions that are posted on the Website or elsewhere are available to be viewed by anyone with access to the Internet.
10. CONDITIONS OF PARTICIPATION: Prizes are awarded without warranty of any kind from Sponsor, express or implied, without limitation, except where this would be contrary to federal, state, or local laws or regulations. Submission of entry into this Contest deems that Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Return of any prize/prize notification may result in disqualification and selection of an alternate winner, as applicable and if time permits. Potential prize winners may be required to sign and return an Affidavit and Release at any time thereafter (as requested by Sponsor) as a condition to receiving the prize. Failure to comply with this requirement may result in disqualification and potential selection of an alternate winner.
Entrant’s participation and services in connection with such activities shall be deemed a work made-for-hire for Tune Derby, as such term is understood in copyright law. In addition, acceptance of any prize constitutes permission for, and winners’ consent to, Sponsor and its partners and agencies, and their respective successors, assigns and licensees, to use a winner’s name, photograph, biographical information and/or likeness and entry in any all forms of media and by any and all means (now and hereafter known), throughout the world, in perpetuity, for any purpose, including, without limitation, for advertising and promotional purposes, without any obligation, notice or additional compensation, unless prohibited by law.
To the extent permitted by law, Entrants agree to hold Sponsor, its parent, subsidiaries, agents, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any prize won. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. An Entrant may be prohibited from participating in this Contest if, in the Sponsor’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of this Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Entrants, the Sponsor or associated agencies.
Due to the unique nature and scope of this Contest, Sponsor reserves the right to alter or modify these Official Rules at any time. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
The Released Parties (defined below) are not responsible for any changes or unavailability of the social media platform or website used for purposes of administering this Contest that may interfere with the Contest (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform or website for the Contest as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Contest.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR, AND ADMINISTRATOR IF APPLICABLE, RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITED BY LAW. THE COURTS (OREGON STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF OREGON SHALL GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
11. ELIMINATION: Any false information provided within the context of the Contest by any Entrant concerning identity, postal address, telephone number, ownership of right or noncompliance with these rules or the like may result in the immediate elimination of the Entrant from the Contest. Sponsor further reserves the right at any time, including after announcement of winners to disqualify any entry that it believes in its sole and unfettered discretion infringes upon or violates the rights of any third party or otherwise does not comply with these Official Rules.
12. DISPUTE RESOLUTION:
12.1 By entering this Contest, you and Tune Derby agree to arbitrate all disputes and claims arising out of or relating to this Contest, whether directly or indirectly. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
(b) claims that arose before entry into the Contest (including, but not limited to, claims relating to advertising);
(c) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
(d) claims that may arise after the termination of the Contest Period.
For purposes of Section 11 only, references to “Tune Derby,” “you,” “your” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of these Official Rules. Notwithstanding the foregoing, either party may bring an individual action in Oregon small claims court. In addition, either party may arbitrate in accordance with the terms of any other arbitration agreement between us; this arbitration agreement does not supersede other such agreements.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission or any state agency that regulates Contest. Such agencies can, if the law allows, seek relief against us on your behalf.
You agree that, by entering this Contest, you and Tune Derby are each waiving the right to a trial by jury or to participate in a class action. These Official Rules evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Official Rules.
12.2 A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Tune Derby should be addressed to: Tune Derby 400 SW Bluff Drive, Suite 240, Bend, OR 97702 ("Notice Address").
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Tune Derby and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Tune Derby may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tune Derby or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tune Derby is entitled.
12.3 The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Official Rules, and will be administered by the AAA. The AAA Rules are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Official Rules. All issues arising under these official rules are for the arbitrator to decide, including issues relating to the scope and enforceability of the arbitration provision.
Unless Tune Derby and you agree otherwise, any arbitration hearings will take place in Deschutes County, Oregon. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules.
Except as otherwise provided for herein, the parties shall be responsible for paying their own AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of the claim(s) or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
12.4 The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Tune Derby AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Tune Derby agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
12.5 Notwithstanding any provision in these Official Rules to the contrary, we agree that if Tune Derby makes any future change to this arbitration provision (other than a change to the Notice Address) while these Official Rules are in effect, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
12.6 By entering a submission, Entrant agrees to personal jurisdiction in the Courts of the State of Oregon.
13. WARRANTY AND INDEMNITY: Entrants certify that their entry is original and that they have the right to submit the entry in the Contest. Each Entrant agrees not to submit any entry that:
(1) infringes any third party proprietary, intellectual property, industrial property, personal rights or other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligation;
(2) includes any personally identifiable information;
(3) is libelous, slanderous, or defamatory in any way; or
(4) otherwise violates applicable law.
To the maximum extent permitted by law, each Entrant agrees to release, discharge and hold harmless Sponsor, and each of its respective directors, officers, employees, agents, successors and assigns (“Released Parties”), from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrant’s participation in the Contest and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property or other rights; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize).
Without limiting the generality of the foregoing, Entrant agrees that Released Parties:
(a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or with respect to prize(s), including, without limitation, to any prize’s quality or fitness for a particular purpose;
(i) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and
(iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.
Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from Entrant’s participation in the Contest and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Contest, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
To the maximum extent permitted by law, each Entrant indemnifies and agrees to keep indemnified Sponsor at all times from and against any liability, actions, claims, demands, losses, damages, costs and expenses for or in respect of which Sponsor will or may become liable by reason of or related or incidental to any act, default or omission by an Entrant under these Official Rules including without limitation, resulting from or in relation to any breach, non-observance, act or omission whether negligent or otherwise, pursuant to these official rules by an Entrant.
14. SIMILAR MATERIALS: Entrants acknowledge that Sponsor engages, has engaged and will in the future engage in the development, preparation, production, acquisition and dissemination of creative, entertainment, artistic and other material (collectively, the “Materials”), including, without limitation, Materials that are similar or identical to the submissions submitted in this Contest. Entrants also acknowledge that other persons, including employees of Sponsor, may previously have originated and may hereafter originate Materials that are similar or identical to the entries. Entrants agree that they will not be entitled to any compensation because of the use by Sponsor of any such similar or identical material. Without limitation of the foregoing, Sponsor may use, without any payment or other obligation whatsoever to any Entrant, any part of the Materials, and any idea or concept contained therein, that:
(a) is similar or identical to, or contains significant elements encompassed in, a concept that is under consideration or in development by Sponsor before or at the time of entry;
(b) is not unique, novel, original, and concrete so as to be entitled to protection under applicable laws;
(c) has been made public by anyone at the time of its submission to Sponsor or otherwise is in the public domain;
(d) would be freely usable by a third person if it had not been accepted as a submission or the subject of any agreement;
(e) is not protected by United States copyright law; or,
(f) is similar or identical to, or contains significant elements encompassed in, an idea, concept or material that is independently created by Sponsor or any third party.
Entrants agree that Sponsor’s development, preparation, production, acquisition, dissemination and/or exploitation of Materials similar or identical to the entries or containing features, ideas, material and/or elements similar to or identical with those contained in entries shall not entitle any Entrant to any compensation or other right or remedy. As an inducement to Sponsor to accept each submission for entry into the contest, Entrants hereby waive any claim or right of action against Sponsor or its successors in connection with the Sponsor’s use of any Materials (or any portions thereof) whether such Materials are similar or identical to a submission or contain any features, ideas, material and/or elements that are similar or identical to those contained in a submission. Acceptance by Sponsor of a submission is not an admission by Sponsor of the novelty or originality of the submission.
15. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Sponsor is not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Sponsor is not responsible for inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of the Sponsor. If for any reason the registration process of the Content is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. Sponsor further reserves the right to disqualify any individual who tampers with the registration process. Caution: Any attempt by an Entrant to damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such Entrant to the fullest extent of the law.
16. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
17. WINNERS’ LISTS: For a list of winners’ names, visit https://www.tunederby.com/ or write to Tune Derby care of Tatono Music LLC, dba Tune Derby, 400 SW Bluff Drive, Suite 240, Bend, OR 97702. Winners’ Lists shall be available for a period of up to two years from the end of the contest.
18. SPONSOR: The Sponsor of this Contest is Tatono Music LLC, dba Tune Derby, 400 SW Bluff Drive, Suite 240, Bend, OR 97702.
19. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
20. DATES & DEADLINES / ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
21. FURTHER DOCUMENTATION: If Sponsor shall desire to secure additional assignments, certificates of engagement for the submission or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then Entrant agrees to sign the same upon Sponsor’s request therefor.
22. PRIVACY / INFORMATION SUBMITTED: As a condition of entering the Contest, Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Contest or on a Contest winner’s list. Information submitted in connection with the Contest will be treated in accordance with the Website’s Privacy Policy.
23. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit and Release will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit and Release is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.