KPRC 2 Battle of the Bands 2024 Contest Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
General. By submitting an entry to the KPRC 2 Battle of the Bands 2024 contest (“Contest”) scheduled to take place as part of Eat Like A Crawfish Fest 2024 (the “Event”), brought to you by KPRC (“Sponsor”), each member of all applicant bands acknowledges and agrees that they have read, understand, and agree to be bound by these official Contest rules (“Official Rules”). By entering the Contest, each member of all applicant bands agrees to waive any right to claim any ambiguity or error in these Official Rules, or the Contest itself, and agree to be bound by all decisions of the Sponsor, whose decisions are binding and final in all matters related to the Contest. Failure to comply with these Official Rules or any Sponsor instructions relating to the Contest’ Official Rules may result in disqualification from the Contest.
Eligibility. The Contest is open to a maximum of nine (9) eligible bands (“Band”). Bands’ eligibility and selection shall be determined by Sponsor in Sponsor’s sole discretion from among all complete and accurate applications submitted. All Band members must be legal U.S. residents who are a minimum of 18 years of age or older at time of entry and reside in Sponsor’s Designated Market Area, as defined by Nielsen Media Research, Inc. (“DMA”). Employees of Sponsor and Co-Sponsor and each of their respective parent companies, subsidiaries, affiliates, advertising agencies, promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest and members of these employees’ immediate families (spouses, parents, children, grandparents, grandchildren, and siblings and their spouses) and those living in the same household with these employees, are not eligible to enter or win.
How To Apply. To apply, a Band must completely and accurately fill out the Contest application form available at the following link between March 19 - March 28 (the “Application Period”): https://forms.gle/9i6SHrmSFMmuo37MA (“Application Form”). Band must also include the following with the Application Form: (1) a web link to a video of the Band performing one original song (all melody and lyrics composed and performed by the Band) (“Original Song”) and (2) a photograph of the Band (“Photograph”).
The Band must own all rights in, or be authorized to license all rights in, the Photograph. Sponsor shall select up to nine (9) Bands to perform at the Event no later than April 1, 2024 (“Performing Band”). Only Performing Band members listed on the Application Form will be allowed on stage at the Event, and Event performance may include only the Song.
The Competition. The Contest Competition will take place during the Event at Discovery Green (1500 McKinney St., Houston, TX 77010) (“Venue”) on Saturday, April 13, 2024 from 2:00pm – 9:00pm local time (the “Contest Period”). Time slots during the Contest Period will be assigned to each Performing Band by random drawing conducted by Sponsor. Each Performing Band will be allotted 15 minutes to set up and 30 minutes to perform. Any Performing Band exceeding the performance time will be penalized. Performance must include one Original Songs. Performing Bands are required to provide all of their own equipment. Venue staff will be available to provide production assistance. Performing Band are prohibited from engaging in any distasteful behavior at the Event, as determined in Sponsor’s sole discretion. Distasteful behavior includes, but is not limited to, offensive lyrics, subject matter or conduct; inappropriate clothing or imagery; any conduct likely to cause damage to any person or property at the Event or that runs counter to the spirit or purpose of the Event.
Selection of Winners. Sponsor will select one (1) potential First Place Performing Band; one (1) potential Second Place Performing Band; one (1) potential Third Place Performing Band based on the application of the following criteria to each Performing Band’s Event performance: technical performance, originality of songs, professionalism, stage presence, vocals, and audience reaction.
Winner Notification and Verification. Potential Winners will be announced on at KPRC 2′s Eat Like a Local Crawfish Fest on April 13, 2024 after the Contest Period, subject to verification of eligibility and compliance with these Official Rules. In addition, Sponsor will attempt to notify the potential winner(s) via the telephone number or email address provided on the Application Form (“Notification”). Potential Contest winner(s) must completely and accurately execute and return any required affidavit of eligibility, release of liability, publicity release and/or prize acceptance form (“Forms”) within 7 days of Notification. Potential winners may be required to display a copy of a valid government photo ID in addition to the submission of any Forms. A potential winner may be disqualified and, time permitting, an alternate winner may be selected by applying the Contest criteria to all remaining non-winning entries if: (1) a potential winner cannot be contacted/does not respond to Sponsors’ first Notification attempt as directed; (2) a winner does not fulfill the eligibility requirements; (3) a winner does not adhere to the Official Rules; (4) a winner does not sign and return the Forms or provide required ID by the deadline set forth above; and/or (5) if the Notification is returned as undeliverable, refused, or declined. A POTENTIAL PRIZE WINNER IS NOT A WINNER UNTIL HIS OR HER ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES HAS BEEN VERIFIED BY THE SPONSOR. Sponsor reserves the right to contact all Contest entrants using the contact information provided in the Application Form in connection with the Contest entry. The official record(s) of entries will remain the property of Sponsor.
Prize(s)
First Place: $1,000 Prize Winnings and segment on Houston Life (ARV$1000)
Second Place: $500 Prize Winnings (ARV$500)
Third Place: $200 Prize Winnings (ARV$200)
ARV of all prizes: $1,700. Unless otherwise stated, subject to winner verification and compliance with these Official Rules, all prizes payments will be initiated via ACH transfer to the bank account designated by each winning Band (“Account”). Initiating transfer of the prize to the Account shall satisfy Sponsor’s prize fulfillment obligations. Sponsor shall not be liable to any individual winning Band member for any portion of any prize. There will be no substitution, transfer, or cash equivalent for prizes, except at the sole discretion of Sponsor, which may substitute prizes of comparable value. Payments of all federal, state, and local taxes related to the award of the prize are solely the responsibility of the winners. Prizes may not be sold, bartered, or auctioned. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All properly claimed prizes will be awarded provided a sufficient number of eligible entries are received, but in no event will Sponsor award more prizes than are provided for in the Official Rules. Unclaimed prizes will not be awarded. For tax purposes, the winner of a prize with an ARV of at least $600 will be required to accurately complete and submit IRS Form W-9 to the Sponsor and Sponsor will arrange to issue an IRS Form 1099 MISC to winner reflecting the value of the prize.
Disclaimer and Representations. Limit one (1) Application Form per Band and per email address and per telephone number during the Contest Period. Any attempt by any entrant to obtain more than the stated number of applications using multiple/different email addresses, identities, registrations and logins, or any other methods will void such entries and that entrant may be disqualified if discovered by Sponsor. Entries generated by a script, macro or other automated means will be disqualified if discovered by Sponsor. The use of automated or third-party software or web site to enter and/or play is prohibited. Entries that are inaccurate, incomplete, illegible, or corrupted are void and will be disqualified if discovered by Sponsor. If Application Form permits or requires submission of user-generated content (“UGC”), by entering into the Contest, entrant represents and warrants as follows: (1) that they created and fully own or have properly licensed all UGC materials or information, can submit such UGC without violating any applicable law, agreement with any third-party, and/or third-party right of any kind (including without limitation any intellectual property, data protection, privacy, or publicity right); and (2) that all UGC entrant hereunder will be true and correct in all respects. UGC may not contain personally identifiable information or other similar sensitive/confidential information of any third-party or content that is offensive, inappropriate, or inconsistent with the Sponsor/Co-Sponsor’s image or the spirit or purpose of the Contest. By submitting UGC, entrant represents and warrants that all UGC content complies with the User Conduct section of the Sponsor station websites Terms of Use available at https://www.click2houston.com/station/2019/11/19/terms-of-use/ . UGC may not have been previously published or otherwise made public elsewhere. Furthermore, without limitation on anything set forth herein to the contrary, Sponsor will have the irrevocable, transferable, and fully sublicensable right and license (but not the obligation) to exploit all such UGC in any manner it so elects to promote the Contest, its business, brand, products, and/or services, throughout the world in perpetuity, and in all media, now or hereafter known. All received entries become the property of the Sponsor and will not be acknowledged or returned except as disclosed in these Official Rules. By checking the relevant box or selection in the registration form, entrants agree that the Sponsor and Co-Sponsor may contact the entrant via email with advertising information for selected goods or services. If you do not wish to receive these materials do not check the relevant box in the Application Form. If at any time you do not wish to receive these materials in the future, please use the unsubscribe procedures contained in the email message. Each winner assumes all liability for any injuries or damages caused or claimed to be caused by winner’s participation in the Contest and/or the acceptance and/or use of any prize, and releases the Sponsor and Co-Sponsor and their respective parent companies, subsidiaries, and affiliates, and all of their officers, directors, agents, and employees (collectively, “Releasees”), from any such liability. Releasees are not responsible for: the failure of any application to be received by the Sponsor because of electronic device errors or failures of any kind, internet disruption, telecommunications, network, electronic, telephone or mobile service outages, delays, busy signals, or any equipment malfunctions or other technical difficulties that may prevent the Sponsor from receiving any entry submission; entries that are illegible, unintelligible, incomplete, stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged; any injury or damage to the entrant’s or any other person’s electronic device related to or resulting from participation or accessing or downloading any materials related to the Contest; or any human errors, any inaccurate transcription of entry information, errors in any promotional or marketing materials or errors in these Official Rules. If you choose to enter using your mobile phone, standard message and data rates may apply.
Sponsor reserves the right to disqualify any individual from participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any other entity affiliated with the Contest, or any other entrant in an unfair, inequitable, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.
Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Sponsor reserves the right to cancel, terminate or modify the Contest if an insufficient number of entries are received or if the Contest is not capable of running as planned, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort, or for any reason beyond Sponsor’s control. If due to circumstances beyond the control of the Sponsor, any event related to the Contest or prize is delayed, rescheduled, postponed, cancelled or has a change of venue, the Sponsor reserves the right, but is not obligated, to cancel or modify the Contest. Notice of cancellation or modification of the Contest will be published on Sponsor’s website. If cancellation occurs prior to Sponsor’s receipt of any entries, Sponsor will not be obligated to award prize(s). If cancellation occurs after Sponsor’s receipt of entries, winner(s) will be selected from among all eligible, non-suspect entries received prior to cancellation, provided Sponsor is able to do so.
Entry constitutes permission (except where prohibited by law) to use winner’s name, home city and state, likeness and/or voice for commercial purposes including advertising, promotion and publicity without additional compensation. The winner’s name and city of residence may be posted online and disclosed to those who make a timely request for a winners list.
By accessing these Official Rules or entering the Contest on click2houston.com, you are deemed to agree to be bound by click2houston.com’s Terms of Use and Privacy Policy.
In Case of Dispute. EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT SHALL DAMAGES INCLUDE ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor(s) in connection with the Contest will be governed by and construed in accordance with the laws of state where the Sponsor is located as set forth below (“State”), without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. The state and federal courts located in the State will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All entrants and winner(s) agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in the State and waive the right to contest jurisdiction.
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.
Winner List. For the name(s) of the winner(s), send request and a self-addressed stamped envelope to Sponsor at 8181 Southwest Freeway, Houston, TX 77074.Attn: Insiders, or request it online at insider@kprc.com. Be sure to specify the name of the contest for which you are requesting the list of winner(s). Request must be postmarked after Contest Period and received by Sponsor no later than 60 days after the close of the Contest Period.
Sponsor/Administrator: KPRC, 8181 Southwest Freeway, Houston, TX 77074