Vanilla Fudge— Eleanor Rigby from the album S/T

Official Rules and Guidelines

 

2017 Battle of the Bands

Official Rules and Guidelines

1. Eligibility:

  • Contest open to all legal residents ages 18 or older at the time of entry. Each Band must consist of a minimum of two (2) members, each of which meets the eligibility requirements set forth herein. At the time of entry and for the duration of the Contest, a minimum of 50% of the band must be actively enrolled Western Michigan University Students for the band to be eligible, and all band members must be age 18 or over at the time of entry. Employees of WIDR FM (the “Sponsor”), or any other persons or entities directly associated with the Contest and members of the immediate families, are ineligible to enter the Contest. Contest is subject to all applicable federal, state and local laws. Contest is void where prohibited.

2.  Contest Entry Period:

  • The Contest submission period begins at 12:01 a.m. on November 12th, 2016, and ends at 11:59 p.m. on December 16th, 2016, E.S.T. (the “Contest Period”). All times noted for the Contest Period are Eastern Time. All entries must be received within the Contest Period.

3. How to Enter:

  • To enter, visit widrfm.org and complete the entry form, and submit a band photo as well as your recordings per the onscreen instructions and technical requirements. Application packages may also be submitted in physical copies at the WIDR offices.  Be sure to carefully review the Official Rules of the Contest (including all instructions on performance conditions/restrictions).  Each band member must print out and fully complete the affidavit of eligibility and liability/publicity release and return to Sponsor.  The recordings can be submitted via link to band web page (i.e. Bandcamp, soundcloud, etc), along with the specification of which songs are to be considered, or they can be sent via email to widr.battle@gmail.com as an attachment, or they can be submitted as a physical copy at the WIDR Office (See address below). Additionally, each Band entry must describe, in 100 words or less, why it should win the contest to be named WIDR’s 2017 Battle of the Bands Champion.  The entry form, photo and recordings must be submitted online via the foregoing method to qualify. Limit one entry per band and per person/band member; if more than one Entry is received from the same Band, or an entrant appears on more than one Entry, then the subsequent entries will be disqualified.  All Entries become the sole property of the Sponsor and will not be returned. Sponsor assumes no responsibility for late, lost, damaged, incomplete, illegible, or misdirected submissions. Sponsor assumes no responsibility for technical, hardware, software or other online entry malfunctions of any kind or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entry. If for any reasons (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest) the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest.

4. Requirements of Entries:

  1. Each Band, and each of its respective entrant band members, agree, warrant and represent that: (i) Any songs submitted and/or performed in conjunction with the Contest, including but not limited to your Entry, are the original work of the Band or one or more of the Band members, the Band or one or more of the Band members owns and controls all right, title, and interest, including copyright, in and to the lyrics, music, arrangement and composition of such songs; (ii) All persons having any rights, title, and/or interest whatsoever with respect to any of the Entries, or any elements thereof, and any other lyrics, music, arrangement, composition or song performed during the Contest, have authorized the submission, public performance and other use of such materials by the Band in this Contest, and have waived any applicable moral rights in such materials in favor of the entrant Band and/or Band members; (iii) The use of Entries as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased.  If a Band or any member is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors.  Sponsor reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignment or waivers required herein.

  2. Entries may not contain “sampling” from other songs, music, sound effects, or any other elements over which the Band and its Band members do not have all necessary rights, title and interest, including copyright.

  3. Entries and Band names must be in keeping with Sponsor’s ethical code and FCC restrictions.  Without limitation, Entries that are deemed by Sponsor, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Sponsor in a negative fashion, may be disqualified.

  4. Entries and band names must not include brand names, trademarks, trade names, logos or the intellectual property of any third parties.

  5. Entries must be from an identifiable source.  Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification.

  6. Sponsor reserves the right at any time to disqualify a Band that Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or which has made a false or misleading statement on the Entry or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.

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  7. By submitting an Entry, the Band and each entrant warrants and represents that he/she consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

  8. By submitting an Entry, the Band and each entrant grants to Sponsor, its parent companies, and affiliates a perpetual, unlimited, transferable, non-exclusive license to the public performance of the music contained therein, to publish the Entry, in whole or in part, in editorial publications, advertising material, for promotional purposes, on websites or in any other media form whatsoever that Sponsor may choose without further compensation unless otherwise prohibited by law.

  9. By submitting an Entry, the Band and each entrant agrees to assume all liability for and indemnify and hold harmless Sponsor and its parents, affiliates, employees, contractors and agents from any and all claims arising out of the public performance, display, publication, or use of your Entry, including without limitation any failure of your Entry to comply with these Official Rules or any representations being made by you herein.

5. Judging:

  • Semi-finals

    • There will be 3 Semi-final rounds that will take place on January 19th, 26th, and February 2nd. Each round will be broadcast live on 89.1 WIDR fm, as well as on social media.

    • The winner of each semi-final round will be chosen by a panel of judges comprised of members of both the Kalamazoo and Western Michigan University communities. The winning group from each semi-final round will continue on to compete in our Grand Finale round.

    • NOTE: We will also be using social media to take votes for a Fan Favorite throughout the semi-final rounds. (SEE BELOW)

  • Grand Finale

    • The Grand Finale round will take place on February 9th, 2016 in the Dalton Recital Hall. This round will also be broadcast on social media.

    • A panel of judges will choose First, Second and Third place standings of the competing bands. (See prizes below)

  • Social Media Fan Favorite Contest

    • Throughout the 3 weeks of preliminary rounds, we will be accepting votes online about which band our audiences like the best. The band with the most votes will win.

    • The winners of this contest will perform at Battle Ground: Bell’s (See Below)

6. Prizes:

  • Grand Prize

    • 10 Hours of studio time in Western Sound Studios (Value of $500)

  • Second Place TBA

  • Third Place TBA

  • Battle Ground: Bell’s

    • The Grand prize winner, and Social Media Fan Favorite winner will have the opportunity to open for a touring band at Bell’s Eccentric Cafe in Downtown Kalamazoo on February 11th, 2016.

    • The bands will each receive a portion of the door sales. Exact amount will be determined by attendance of the event.

  • Winner is solely responsible for all state, local or federal taxes associated with the winning of the prize.  Prizing is not refundable or redeemable for cash or credit at any time.  Prize may not be sold or transferred to a third party. No substitutions are allowed, except by the Sponsor in its sole discretion.  Sponsor may, in its sole discretion, substitute a prize of equal or greater value. Other prize restrictions may apply.

7. General Conditions:

  • Except to the extent prohibited by law, by entering the Contest, the Band and each individual Band member agrees that Sponsor and its parents, affiliates and licensees may use, publish, videotape, broadcast, distribute and display all elements of the Entry, including but not limited to any videos and photographs, as well as each Band Member’s name, address (city and state), biographical information, statements, video, photograph and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, in connection with advertising and promotion, without notification and without compensation of any kind to any Band member or any third party.  Sponsor reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop and use the Entry, video and photograph, and the video created as part of the prize, and to sublicense all such rights, in connection with advertising and promotion.   By acceptance of prize, Winner agrees to release, indemnify and hold harmless Sponsor and its parent companies, affiliates, employees, contractors and agents from any and all liability for injuries and damages sustained in connection with participation in this Contest and/or the acceptance and use of the prize. Each Band member may be required to execute additional documents within five (5) calendar days of notification and before distribution of prize.  Any prize notification not responded to within forty-eight hours, any documentation returned as undeliverable, and/or failure of each Band entrant to return required documentation will result in disqualification from the Contest, prize forfeiture, and in an alternate winner being selected from all remaining eligible entries.

8. DISPUTES/CHOICE OF LAW:

  • EACH ENTRANT AGREES THAT THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN AND: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN NEW YORK, (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS’ FEES, (C) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, MAY BE AWARDED, AND (D) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED.

9. Privacy Statement:

  • Entrants’ information may be disclosed by Sponsor as provided for in these Official Rules

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Sponsor of this Contest is 89.1 WIDR FM

WIDR Offices:

1501 Faunce Student Services Bldg

Kalamazoo, MI 49008-5350

Contact Information:

EMAIL: widr.battle@gmail.com

WEBSITE: www.widrfm.org

PHONE: (269)387-6301

SOCIAL MEDIA: facebook.com/widrfm

                        @widrfm (instagram/twitter)

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