1. The “97.7 HTZ-FM’s Rocksearch 2012” contest (hereinafter: the “Contest”) is brought to you by Astral Radio G.P., (hereinafter: the “Contest Organizers”). The Contest runs in Ontario, Canada, from Monday January 30th, 2012, at 12:00am (ET) to Friday May 4th, 2012, at 11:00pm (hereinafter: the “Contest Period”).
2. This Contest is open to all persons residing in Ontario, Canada who have reached the age of nineteen (19) in their province or territory of residence as of the first day of the Contest Period. Notwithstanding the preceding, the Contest is not open to individuals associated with the Contest, including the employees, agents and representatives of the Contest Organizers, Astral Media, SuperNova, all sponsors of this campaign: Margaritaville in Niagara Falls, Budweiser, Musicworks Institute & Recording Studios, Gibson Guitars, Haskell Photography, Hart & Huntington Tattoo Company in Niagara Falls, X-Copper, and S.C.E.N.E. Music Festival (collectively, the "Sponsors"), including their respective divisions, subsidiaries, affiliates and agencies, their advertising and promotional agencies, suppliers of prizes, materials and services related to this contest or any other party directly linked to the holding of this Contest (the “Excluded Individuals”). This Contest is also not open to the immediate family members of the Excluded Individuals, nor other persons with whom the Excluded individuals reside and previous prize winners of HTZ-FM’s Rockserach. For the purpose of these Contest Rules, “immediate family” includes: father, mother, brothers, sisters, children, legal or common-law spouse and individuals with whom such employees, agents and representatives reside. Anyone who won HTZ-FM’s Rocksearch previously in ineligible to enter.
You are ineligible to enter the 97.7 HTZ-FM’s Rocksearch 2012 campaign, if as of the time of entry, you (or any co-creators of the Musical Submission, as defined below), or any band members associated with the Musical Submission is a party to a music recording contract, are currently distributed directly or indirectly by a major record company, or are under any other contractual arrangement that would prohibit you (or any such other persons), from submitting any aspect of the Musical Submission for entry into Rocksearch or that would restrict or prohibit the broadcast of a Musical Submission or would prohibit you or any other person from accepting any prize.
3. No Purchase necessary. To be eligible for consideration in Rocksearch, entrants must do the following during the Entry Period:
Entries will be accepted from Monday January 30th, 2012 at 12:00am to Friday February 24th, 2012 at 11:59pm. If entry is received after 11:59pm on Friday February 24th, the Entry Form will be rendered null and void.
i. Visit the exclusive website of HTZ-FM’s Rocksearch 2012 located at the URL htzfm.supernova.com (the "Rocksearch 2012 Website");
ii. Complete an online registration form,;
iii. When prompted, create a customized profile on the Rocksearch 2012 Website ("Entrant Profile"); including band/artist pictures and/or images in .jpg files and provide band bio;
iv. Upload to the Entrant Profile a minimum of one (1) recordings (the "Recordings") of original musical compositions (the "Songs") (the "Recordings" together with the "Songs" are referred to as the "Musical Submission").
Follow the instructions in order to confirm that you are eligible and that you have read and agree to comply with the campaign rules. Then submit your submission by Friday February 24th, 2012 at 11:59pm EST. No participant will be accepted after this date, regardless of technical issues.
Following the submission period, the following phases will take place:
PHASE 1: Submission Period (detailed above);
PHASE 2: Online Voting
During February 27th – March 1st, 2012; HTZ-FM’s panel of Judges will meet in St. Catharines, Ontario to determine the top twenty-five (25) bands/artists that will move on to the next phase: The Online Voting. The Top 25 will be determined among all entries received in accordance with section 3.
In the second phase of the contest, 25 (twenty-five) Bands/Artists will be selected by HTZ-FM’s panel of judges as the ‘Top 25’. These bands/artists will be posted on-line at htzfm.supernova.com to determine the 16 Semi finalists. The public will vote on their favourite band from Wednesday March 7th, 2012 at 12:00am EST – Friday March 16th, 2012 at 11:59pm EST; 1 vote per account per 24 hours. To vote, the individual must register as a fan of HTZ-FM’s Rocksearch on www.htzfm.supernova.com, completing the online form. A percentage of the on-line voting results will weigh in on the decision of the 16 (sixteen) semi-finalists; in addition to the panel of judges formed by Astral Radio (35% public votes vs. 65% HTZ-FM Judges).
PHASE 3: Semi-Final Showcases
In the third phase of the contest, 16 (sixteen) Bands/Artist will be perform in 1 of 4 Semi-final Showcases taking place at Margaritaville in Niagara Falls. Each Semi-Final Showcase will feature 4 bands/artists performing a 20 minute set each. The Semi-Final Showcases will take place on the following evenings: Wednesday March 28th; Wednesday April 4th, Wednesday April 11th, and Wednesday April 18th. The time of the Semi-Final Showcases to be confirmed, estimated between 7:30pm – 10:00pm each evening. Bands/Artists MUST perform to be eligible to move into the next phase of the contest – The Final Showcase. Bands/artists will be randomly selected to perform once during the Semi-Final Showcases.
The performance order of bands/artists per night will be determined by 97.7 HTZ-FM. Song selection will be at the discretion of the Semi-Finalist, and may or may not include the Songs included in the Musical Submission, but must otherwise be based entirely on original material.
Each showcase will be judged by a panel including, but not limited to, members of the Astral Radio, representatives from major record labels, talent agencies and management companies;
who will determine the winning band/artist of the evening to move on to the next phase – the Final Showcase. In total 4 bands/artists (1 from each Semi-Final Showcase) will move on to the Finale.
PHASE 4: Final Showcase
Each winner from the 4 (four) Semi-Final Showcases, will perform at the Final Showcase for Rocksearch 2012 on Friday May 4th at Margaritaville in Niagara Falls. Bands/artists are expected to perform a 30-minute set. Time of the showcase to be confirmed, estimated between 7:00pm – 11:00pm. Bands/Artists MUST perform to be eligible to win the grand prize and be awarded the champions of Rocksearch 2012.
The performance order of bands/artists per night will be determined by 97.7 HTZ-FM. Song selection will be at the discretion of the Semi-Finalist, and may or may not include the Songs included in the Musical Submission, but must otherwise be based entirely on original material.
The showcase will be judged by a panel including, but not limited to, members of the Astral Radio, representatives from major record labels, talent agencies and management companies. who will determine the 1 (one) winning band/artist of the campaign – HTZ-FM’s Rocksearch 2012. Full prizing is outlined below. The grand prize announcement will be made following the decision of the judging panel. More prizing may be added during the course of the contest and by the discretion of 97.7 HTZ-FM.
4. To be eligible, Musical Submissions must meet the following guidelines and content restrictions:
i. Recordings may not exceed 10MB in file size, must be in MP3 format, and should ideally be uploaded at a sample rate of 192 Kbps;
ii. Musical Submissions, and all elements thereof, must:
o be entirely original to the Entrant and must NOT include mention or performance of any copyrighted media production (whether or not registered) including but not limited to music, films, books, television programming, etc., or identifying descriptions of any media property;
o must NOT have been previously submitted to another contest, competition, broadcast on a media network or submitted to any entertainment entity that would conflict with Rocksearch 2012, as determined by 97.7 HTZ-FM in its sole discretion;
o must NOT include content that infringes on the proprietary rights of third parties;
o Material deemed not suitable for radio play including material that is explicit, , gratuitously violent, discriminatory (e.g., based on race, sex, religion, natural origin, physical disability, sexual orientation or age) or contains excessive expletives or derogatory, defamatory or libellous references towards any other person; will not be considered;
o Entries must be considered suitable for the Rock Format of 97.7 HTZ-FM to be eligible for consideration as determined by 97.7 HTZ-FM in its sole discretion.
Entrants must be able to provide, on request, all appropriate clearances, permissions and releases in writing for the songs, including permissions and releases from all persons considered a co-creator of the Musical Submission. In the event an Entrant cannot provide all required releases, 97.7 HTZ-FM reserves the right to disqualify the applicable Musical Submission, or seek to secure the releases and clearances for 97.7 HTZ-FM’s benefit.
Musical Submissions that are found to violate any of these requirements may be deemed ineligible to participate and/or to receive the prize and may, in 97.7 HTZ-FM's sole discretion, be disqualified. ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
5. By sending your Musical Submission to the Contest Organizers, you declare and certify the following:
5.1 Astral shall have the right to broadcast and distribute all or any excerpt of the Song worldwide by all means of media now known or hereinafter developed, including without limitation, via Mobile Devices (e.g. on iPhone, Blackberry or Android platforms) and the Internet. For the purposes of this Agreement, broadcasting on the “Internet” shall mean streaming the Song on the Internet or on any other electronic or computer based systems for receipt by end users having an Internet Protocol (a/k/a, I.P.) address or that access the Internet via any Internet Services Provider (a/k/a, I.S.P.), including,
without limitation, mobile websites
and/or mobiles applications.
5.2 The Musical Submission is an original work, created exclusively by the participant registered with the Contest and for which the participant owns or has licensed all the necessary right, title and interest, including without limitation, all the intellectual property rights (copyright, trademarks, commercial names, musical performance and mechanical rights), and does not infringe on the rights of any living or deceased third party.
5.3 The Musical Submission does not contain any defamatory content that could damage the Contest Organizers’, a participant’s or a third party’s reputation in any way whatsoever, nor does it infringe the privacy rights of any person.
5.4 The Musical Submission was created specifically for the present Contest and has not been previously published/broadcast, or been previously entered into or received a prize in any other contest.
5.5 The Musical Submission must be from an identifiable source. No false identity was created and you have not impersonated any person or legal entity.
5.6 BY ENTERING THE CONTEST, YOU GRANT TO THE CONTEST ORGANIZERS THE RIGHT TO USE THE MUSICAL SUBMISSION, WHOLLY OR IN PART, FOR THE PURPOSE OF THE CONTEST AND FOR PROMOTIONAL PURPOSES, INCLUDING WITHOUT LIMITATION, THE RIGHT TO ADAPT, MODIFY, BROADCAST OR REPRODUCE THE MUSICAL SUBMISSION IN ANY WAY AND ON ANY MEDIA WHATSOEVER WITHOUT COMPENSATION OR LIMITATION REGARDING THE GEOGRAPHICAL REACH OR OTHER CONSIDERATIONS.
5.7 The Musical Submission complies with the present Contest Rules.
The Contest Organizers reserve the right, at any time, to disqualify a participant or to remove (or refuse to post) any submitted Musical Submission that they consider or believe to be not in compliance with the present Contest Rules, and to exercise any and all other applicable rights and remedies, without possibility of appeal.
The Contest Organizers are not under any obligation to use any of the Musical Submissions submitted to them.
6. Entrants must comply with the following conditions, otherwise the Contest Organizers reserve the right to cancel one or more of their entries and/or disqualify the entrant from participating in the Contest:
There is a
limit of one entry per person and band during the Contest period;
6.2 Bands/Artist with a release currently signed to or distributed nationally by a major label are not eligible. Any variations on this rule will be decided by the contest officials, and those decisions are final.
7. The following grand prize(s) are available to be won: 1 grand prize(s) will be awarded, consisting of:
Grand Prize (First Place) will receive a package containing:
· $3,000 cash (in cheque form);
· $5,000 Gift Certificate to record & mix with Metalworks Institute and Recording Studios;
· A Kramer Pariah guitar, Kramer Striker Bass; and Gibson Guitar prize pack: including hoodies, caps, comfort straps, care kit & bucket and shot glasses from Gibson Guitars;
· A half day photo-shoot with David Haskell of Haskell Photography (including pre-production meeting to finished Digital Output);
· A spot to perform on the main stage at S.C.E.N.E. Musical Festival 2012 on June 24th, 2012 in Downtown St. Catharines;
· $500 cash to spend on the road (in cheque form) courtesy of X-Copper;
· $250 certificates for tattoos for each of the band members courtesy of Hart & Huntington Tattoos in Niagara Falls.
8. The following conditions apply to the grand prize: all prizes are for the band/ artist as a collective. Cheques and components of the package will be given to one person selected by the band/artist.
9. All expenses other than those specifically mentioned above as included shall be assumed by the winner.
10. There is a limit of one prize per band/artist. In addition, a winner from a past HTZ-FM Rocksearch contest will not be eligible to participate or win. Any potential winner selected in this Contest who does not comply with this condition will automatically be disqualified and another judging will take place to designate a winner. An ID may be required when claiming the prize.
HOW TO CLAIM A PRIZE
14. In order to be declared a winner, each selected potential winner must be in compliance with these Contest Rules and in particular, the following:
14.1 The Contest Organizers must be able to reach the potential winner by phone within three (3) days of the date on which the potential winner’s entry was selected;
14.2 The band/artist must be in attendance and perform live at their selected Semi-Final Showcase (date to be determined by Astral Radio from dates listed previous in PHASE 3), AND Friday May 4th at Margaritaville in Niagara Falls between 7pm – 11pm (EST);
14.3 If required, sign a publicity release and liability waiver form (hereinafter: the “Release Form”) sent by the Contest Organizers and return it to them within fifteen 15) days [or less only if circumstances are justified] of receipt.
the Contest, each entrant agrees to abide by these Contest Rules and be bound by
the Official Contest Rules & Regulations; and by the decisions of the Contest
judges, which shall be final and binding in all matters. In the
event the potential or declared winner fails to comply with any one of the
conditions set out above or any other conditions set out in these Contest Rules,
the Contest Organizers reserve the right to disqualify such entrant from the
Contest and if time allows, a new draw for the prize will be held in accordance
with these Contest Rules, until an entrant is selected and declared a winner,
without affecting the order in which other prizes are awarded.
16. Within fifteen (15) days following receipt of his/her duly completed and signed Release Form the Contest Organizers will inform all winners on how to take possession of their prize. In the event the winner fails to collect his or her prize in accordance with the instructions set out in this paragraph, the winner will forfeit the right to collect the prize, and the Contest Organizers reserve the right to withdraw the prize entirely, with no further obligation to award such prize in any additional draws.
17. Verification. Entry Forms are subject to verification by the Contest Organizers. Any Entry Form or request which is incomplete, incomprehensible, inaudible, illegible, fraudulent, mutilated, altered, contains false information or is not received within the Contest Period, AND/OR does not have music files of 3 songs in addition to a bio of the band/artist; or otherwise does not confirm to these Contest Rules will automatically be rendered invalid and will not entitle such entrant to be eligible for a prize.
All entries and submitted material become property of HTZ-FM & Astral Radio G.P. and will not be returned. The ‘Contest Organizers’ take no responsibility for lost entries, misdirected, misplaced, or delayed for any reason whatsoever.
18. Disqualification. The Contest Organizers reserve the right to disqualify any person or cancel one or more entries of any person participating in this Contest or trying to participate by means contrary to these Contest Rules or in a manner which is unfair to other entrants (e.g.: use of an Entry Form obtained from an unauthorized source, entries exceeding the limit allowed, computer hacking, etc.). Any attempt to tamper with the entry process, interfere with these Contest Rules, deliberately damage any website or undermine the administration, security or legitimate operation of the Contest, is a violation of criminal and civil laws and the Contest Organizers reserve the right to seek damages and/or other relief from all persons responsible for such acts to the fullest extent permitted by law, which may include banning or disqualifying entrants from this and future contests. Such person may be referred to the appropriate judicial authorities.
19. Non compliance/eligibility. If a potential or declared winner is not in compliance with these Contest Rules, the Contest Organizers reserve the right to disqualify such entrant from the Contest and randomly select further entrants from the remaining eligible entries until a winner is finally declared. Any potential or declared winner, who is not in compliance with these Contest Rules, must so inform the Contest Organizers immediately upon being contacted by the Contest Organizers.
20. Acceptance of prize. Prizes must be accepted as described in these Contest Rules and may not be transferred to another person, substituted for another prize, or exchanged in full or in part for cash, subject to the section below.
21. Substitution of prize. In the event it is impossible, difficult and/or more costly for the Contest Organizers to award a prize (or part of a prize) as described in these Contest Rules, the Contest Organizers reserve the right to award a prize (or part of a prize) of similar nature and equivalent value or, at their sole discretion, the value of the prize (or of the part of the prize) in cash.
22. Refusal of a prize. The refusal by a potential or declared winner to accept any prize awarded in accordance with the Contest Rules, releases and forever discharges the Contest Organizers and their agents of all obligations related to the prize, including delivery.
23. Liability limit – use of prize. Each entrant and any potential or declared winner releases the Contest Organizers, their subsidiaries, respective divisions, their parent corporations, their advertising and promotional agencies, their shareholders, officers, directors, employees, agents and representatives (hereinafter: the “Beneficiaries”) from any and all liability for any and all damage, loss or liability suffered as a result of or arising from the entrant’s participation in the Contest or the acceptance or use of his/her prize. In order to be declared a winner and prior to obtaining his/her prize, any potential or declared winner agrees to sign a declaration to such effect in the Release Form.
Warranty. Any person selected for a prize acknowledges that the
only warranty applicable to the prize is the standard manufacturer warranty.
25. Liability of prize supplier. Any person selected for a grand prize acknowledges that upon receipt of a letter confirming the prize, all services to be rendered in connection with their prize become the sole responsibility of the [prize OR services supplier OR name the service supplier. A declaration to such effect will be included in the Release Form.
26. Liability limit – running of the contest. The Beneficiaries are not liable for faulty computer components, software, or links; the loss or non-existence of communications capability; or faulty, incomplete, incomprehensible, or erased computer or network transmissions that make it difficult, or render a user unable, to enter the contest; problems with any website or website feature howsoever caused, the malfunction of, or damage caused to, any telephone or network or lines, computer equipment, data or software, online systems, servers or access providers; or the security or privacy of information transmitted via computer networks; or for breaches of privacy due to interference by third party computer “hackers” The Beneficiaries are not liable for any harm contestants may suffer directly or indirectly as a result of downloading any Web page or software or transmitting any information related to entry in the Contest.] Further, the Beneficiaries assume no responsibility for entries lost, stolen, delayed, damaged or misdirected.
27. Web site access. The Beneficiaries do not guarantee access to or non-interruption of the Web site during the Contest Period or that it will be exempt from any errors.
28. Modification. The Contest Organizers reserve the right, at their sole discretion, to cancel, terminate, modify or suspend this contest, in whole or in part, in the case of the occurrence of an event, an error or any human intervention that could corrupt or affect the administration, safety, impartiality or the running of the Contest as provided in these Contest Rules.
29. Early termination of the Contest. In the event that the computer system cannot record all the Contest entries during the Contest Period for whatever reason, or if participation in the Contest must be terminated in whole or in part before the closing date of the Contest as per the Contest Rules, the Contest Organizers will proceed with the draw among entry forms duly registered during the Contest Period or, as the case may be, up to the date of the event that lead to the termination of the Contest.
30. Limit of prizes. In no event shall the Beneficiaries be obligated to award more prizes than set out in these Contest Rules or to award prizes otherwise than in compliance with these Contest Rules.
97.7 HTZ-FM reserves the right, in their sole discretion, to cancel or substitute any prize of any component of a prize for its cash value or a prize of approximately the same retail value. Prizes are non-transferable, must be accepted as awarded and cannot be exchanged by a declared winner for cash or other substitutes.
31. Impossibility to act – labour dispute. The Beneficiaries shall not be responsible for any damages for a failure to operate the Contest in accordance with these Contest Rules in any case where their incapacity to act results from circumstances or a situation beyond their reasonable control or because of a strike, lock-out or any other labour dispute in their company or those of businesses which services are used for holding this Contest, war, riot, insurrection, earthquake, terrorism, civil commotion, fire, flood, accident, storm or any other act of nature.
32. Liability limit– participation. Any person who participates or tries to participate in this Contest releases the Beneficiaries from any and all liability for damages which he/she could suffer from participating or trying to participate in this Contest.
97.7 HTZ-FM assumes no responsibility or liability for: (i) entries lost, stolen, late, delayed, damaged, mutilated, garbled, illegible, incomplete or misdirected (any illegible entries shall be declared null and void); (II) any problems or technical malfunctions of any telephone network or lines, computer online systems or servers, computer software problems, traffic congestion on the internet or at any website; and (iii) damage to entrant’s or any person’s computer or for breached of privacy due to interference by third party computer ‘hackers’, arising as a result of participating in this contest. In the event of a dispute as to who submitted an entry, the entry will be declared made by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder’ is defined as the individual to whom an email address is assigned by the organization that is responsible for the domain. Use of any automated equipment to participate in this Contest is prohibited.
33. Authorization. By entering this Contest, each declared winner consents to the Contest Organizers, Astral Media, SuperNova, all sponsors of this campaign: Margaritaville in Niagara Falls, Budweiser, MusicWorks Studio, Gibson Guitars, Haskell Photography, Hart & Huntington Tattoos Niagara Falls, S.C.E.N.E. Music Festival (collectively, the "Sponsors"), and their representatives to use, at their sole discretion and if required, their name, photograph, likeness, testimonial related to the prize, place of residence and/or voice without compensation whatsoever and that, without limit as for the period of use, in any media and on a worldwide scale, for publicity purposes or for any purpose that may be considered relevant. A declaration to such effect will be included in the Release Form.
Publicity. The declared winner and his/her guest each contest to 97.7 HTZ_FM use of his/her name, city of residence, photograph, voice, statement and image (‘Publicity Information’) for any publicity or programming purposes, in all media, without remuneration, throughout the world in perpetuity. The winner and their travel guest agree to have their photograph taken by 97.7 THZ-FM, which all right in such photograph shall belong to the 97.7 HTZ-FM.
34. List of winners. From Wednesday March 7th to Friday March 16th, the name of the top 25 (twenty-five) bands/artists will be available online at www.htzfm.com & www.htzfm.supernova.com and at the office of the Station Monday to Friday from 9 a.m. to 5 p.m. On Thursday March 22nd, the list of the top 16 (sixteen) finalists who will performing in the Semi-Finals will be made available. The final qualifiers to perform at the final Showcase on Friday May 4th will be listed online at www.htzfm.com or www.htzfm.supernova.com on Monday April 23rd and at the office of the Station, Monday to Friday from 9am to 5pm.
35. Property of entries. Entry Forms and submissions are the sole property of the Contest Organizers – Astral Radio and at no time will be returned to entrants.
36. Communication with entrants. No communication (other than while registering) or correspondence will be exchanged with entrants in the context of this Contest with the exception of selected entrants or declared winner.
37. Personal information. Contestant personal information that is collected in this Contest will be used solely by the Contest Organizers, Supernova and their representatives for the administration of the Contest. There will be no communication of commercial or of any other nature, unrelated to this Contest sent to an entrant, unless such entrant gives specific authorization to the Contest Organizers for that specific purpose.
38. Decisions of the Contest Organizers. All decisions of the Contest Organizers or those of their representatives regarding this Contest are final and binding.
36. Identification of the contestant. For the purposes of these Contest Rules, the entrant is the person whose personal information is printed on the Entry Form. It is to this person and the prize awarded if selected and declared a winner.
39. Unenforceability. If a section of these Contest Rules is declared or ruled by a Court of Law as illegal, unenforceable or void, that section will be deemed void but all other sections not affected will be enforced as allowed by Law.
40. Jurisdiction. This Contest is subject to all applicable federal, provincial and municipal laws.