DJ MIXMASTER COMPETITION - RULES

mixmaster

POWER 95.3 DJ BATTLE 2019

OFFICIAL RULES

  1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
  2. Eligibility. Subject to the additional restrictions below, the POWER 95.3 DJ Battle 2019 (the "Contest") is open to residents of the state of Florida who are 18 years or older at the time of entry. Employees of Cox Radio Inc., d/b/a Cox Media Group Orlando ("Sponsor"), and each of their respective affiliated companies, subsidiaries, and advertising and promotional agencies, and the family members of, and any persons domiciled with, any such employees, are not eligible to enter or to win. The term "family members" includes spouses, parents, grandparents, siblings, children, grandchildren and in-laws, regardless of where they live.

Excluded Participants: Persons subject to an exclusive recording or publishing agreement with a music label are not allowed to compete in the Contest or participate in any entry. Persons belonging to or affiliated with a professional acting, theater, or film-making organization, such as SAG or AFTRA, are not allowed to compete in the Contest or participate in any entry. Professional actors and filmmakers, whether full-time or part-time, are allowed to compete so long as they do not belong to any professional organizations connected with the entertainment industry that would cause Sponsor to pay the entrant or any other person a fee or any other benefit for taking part in any Contest event.

  1. How toEnter. The Contest will begin at 12:00 p.m. Eastern Time ("ET") on Thursday, October 10, 2019 and end at 11:59 p.m. ET on Sunday, October 27, 2019 (the "Contest Period"). Sponsor will be the official timekeeper for the Contest.

The online submission period begins at 12:00 p.m. ET on October 10, 2019 and ends at 11:59 p.m. ET on October 16, 2019.

To enter, complete the following steps during the online submission period:

  1. Shoot an engaging video of your best DJ set
  2. Video must be between 2 and 3 minutes in length;
  3. Must .mp4 format.
  4. Visit the POWER 95.3 webpage (www.power953.com) and navigate to the submission page;
  5. Upload your video the submission page and complete the submission form with your title formatted as follows: "Your DJ Name – #POWER953DJBattle"

Maximum one (1) entry per person.

By submitting an entry into the Contest, you agree to be bound by Sponsor’s Visitor Agreement (www.power953.com/visitor_agreement) and Privacy Policy (www.power953.com/privacy_policy), which are hereby incorporated by reference.

The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s disqualification. Incomplete, forged, altered, automated, mechanically reproduced, lost, late, misdirected, garbled, or illegible entries, or entries that do not meet the size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.

All entries become property of Sponsor and none will be returned. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons who submit false or misleading entry information or who Sponsor determines to be tampering with or abusing any aspect of the Contest.

REQUIRED REPRESENTATIONS AND WARRANTIES: Participants must meet all of the following as applicable to a Participant's submission (an "Entry"). Failure to do so may result in such Participant's disqualification.

By entering, each Participant represents and warrants with regard to such Participant’s Entry:

(i) It is the Participant’s own original work. Each Entry must not contain any material that would violate or infringe upon the rights of any person or entity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.

(ii) The Participant has the express written consent of any identifiable persons appearing or referenced in the Submission(s) to their Persona (as defined below) being used in the ways set out in these Official Rules, including Sponsors’ right to use the Submission(s) for any future commercial purpose without restrictions. Upon request, the Participant will obtain written consent of any such persons for Sponsors in the form identified by Sponsors. If any person appearing in any Submission is under the age of majority in their jurisdiction of residence, the written consent and signature of a parent or legal guardian is required.

(iii) The Submission is appropriate for public exhibition. Without limiting the foregoing, the Submission is not lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor, in its sole discretion, decides is inappropriate or objectionable. Each Submission must also not disparage or cast a negative light on any person, entity, or brand, product, or service.

(iv) The Submission complies with all of Sponsor’s and requirements and terms regarding the use of their services.

Sponsor reserves the right in its sole discretion to not consider any Submission for the Contest if it believes the Submission violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Participants agree to reimburse Sponsor in full in respect of any losses, damages, and expenses, including reasonable legal fees (including, where permitted, reasonable attorney fees) that they may sustain from the breach of a representation or warranty made by the Participant or the use of any rights granted by the Participant to Sponsor hereunder. By entering, Participant warrants that Participant’s Submission complies with the requirements set out above including those at (i)–(iv) above. By entering, Participant will and hereby does assign to Sponsor Participant’s full right, title and interest over Participant’s Submission, including any and all trademark, copyright, publicity and other intellectual property rights related thereto. Whenever requested by Sponsor, Participant will provide the necessary documents regarding the assignment to Sponsor and will execute any documents that Sponsor might reasonably request for such assignment. In the event, and to the extent, that Participant cannot assign Participant Submission as a matter of law, Participant hereby grants to Sponsor a perpetual, irrevocable, exclusive, worldwide, royalty-free, sub-licensable, freely assignable license to reproduce Participant’s Submission and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the Submission in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of commercial or trade purposes, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, Participant hereby waives any moral rights you may have in any Submission in favor of Sponsor.

  1. Finalist Selection. After the close of the online submission period, a Judging Panel chosen by Sponsor in its sole discretion will select five (5) finalists from among the eligible Entries to compete at the Festival Calle Orange DJ Battle Event on October 27, 2019 (each, a "Finalist").

The Judging Panel will judge the Entries based on the following criteria (“Judging Criteria”) as follows: (a) creativity (50%); and (b) technical ability (50%).

To be clear, the Judging Panel may review multiple entries that submit similar entries; in such a case, the judges may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries. The selected winner is subject to verification of eligibility and compliance with these Official Rules.

Selected Finalists will be contacted via email and phone call by Sponsor on or about October 18, 2019.

  1. Wild Card Battle.Additionally, the Judging Panel will select up to ten (10) Participants non-Finalists as participants in the Wild Card Battle (each, a "Wild Card Battle Participant") that will take place at the Festival Calle Orange on October 27, 2019.

Each Wild Card Battle Participant will perform once during the Battle. Placement will be determined by audience applause, as determined in Sponsor’s sole discretion.

The winner of the Wild Card Battle will receive the sixth Finalist spot for the Final DJ battle.

Additionally, the Wild Card Participants will serve as alternates should anyone from the five (5) Finalists not participate in the DJ Battle Live Event.

  1. Festival Calle Orange DJ Battle Live Event

The Festival Calle Orange DJ Battle Live Event will take place on October 27, 2019 (the "Live Event").

The selected Finalists will pick random numbers out of a hat to determine order of performance in the Live Event.

  • Each Finalist will perform for nine minutes and fifty-three seconds (9:53) in Round 1.
  • The three (3) highest-scoring Finalists from Round 1 will advance to Round 2. Each Finalist has five minutes (5:00) to perform in Round 2.
  • The two (2) highest-scoring Finalists in Round 2 will advance to Round 3. The Finalists will each perform for nine minutes and fifty-three seconds (9:53) in Round 3.

Additional terms for Live Event and Wild Card Battle

  • All musical selections must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise contain content which Sponsor, in its sole discretion, decides is inappropriate or objectionable must not have any obscenities, profanity. "Clean" edits only when performing.

o In the event any Wild Card Battle participant’s performance includes any objectionable material as outlined above, the participant will be disqualified.

o In the event a Finalist’s performance includes any objectionable material as outlined above, the Judging Panel may deduct points.

  • Finalists or Wild Card Battle Participants may perform the same routine that was submitted to the Contest website.
  • All Participants must use the gear provided:

o S9 Mixers and CDJs;

o S9 mixer with turntables.

o No Participant will be allowed to use their own DJ equipment.

o Participants will not have use of a microphone.

o Laptop (including scratch software, e.g., Serato, etc.) and headphone use are acceptable.

o If equipment fails or if a Participant has technical issues, such Participant will be permitted to start over, subject to Sponsor or Judging Panel’s discretion.

  • Once a Participant's allotted time has passed, such Participant's audio feed will automatically be cut.
  • Live Event Judging

o A Judging Panel chosen by Sponsor in its sole discretion, made up of POWER 95.3 DJs and staff, will judge the Live Event.

o The Judging Panel will judge the Finalist performances based on the following criteria as follows: (a) creativity; (b) technical ability; and (c) crowd response. Each Finalist will be scored in each category on a scale of 0–10.

o To be clear, the Judging Panel may review multiple entries that submit similar entries; in such a case, the judges may consider the timing of such entries in making its decision but will not be bound to designate as a potential winner the first submission of such similar entries. The selected winner is subject to verification of eligibility and compliance with these Official Rules.

o The Finalist receiving the highest score in Round 3 will be declared the Grand Prize winner and announced at the Live Event.

  1. Prize Description. Subject to verification of eligibility and compliance with all Official Rules, the overall winner of the Power 95.3 DJ Battle 2019 will receive a $1,000 check.

No refund or compensation will be paid in the event of the cancellation or delay of the Power 95.3 DJ Battle 2019.

Limit: One (1) prize per person and per household.

  1. Winner Notification and Acceptance.

The five (5) Finalists and up to ten (10) Wild Card Participants selected by the Power 95.3 DJ panel will be contacted via email and phone call by October 18, 2019.

The Power 95.3 DJ Battle 2019 Grand Prize winner will be notified on or about Sunday, October 27, 2019 in person at Festival Calle Orange on the Power 95.3 DJ Battle stage.

In order to claim a prize, potential winner must respond to Sponsor’s notification within first attempt of notice or attempted notice.

To claim his/her prize, the potential winner must personally visit Sponsor's offices at 4192 North John Young Parkway, Orlando FL 32804 within forty-eight (48) hours after notification (office visits must be between the hours of 9:00 a.m. ET and 5:00 p.m. ET, weekdays) and must present a valid government-issued photo ID.

A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S ELIGIBILITY.

A winner may waive the right to receive a prize. Prizes are non-assignable and nontransferable and cannot be redeemed for cash. No substitutions allowed by winner. Prizes and individual components of prize packages are subject to availability. Sponsor reserves the right to substitute prizes or components of prize packages with a prize or component of equal or greater value. Winner is solely responsible for reporting and payment of any taxes on a prize. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. Prizes not won and claimed by eligible winners in accordance with these Official Rules will not be awarded and will remain the property of Sponsor.

  1. Participation. By participating, participants agree to be bound by these Official Rules and the decisions of Sponsor and any Contest judges or administrators selected by Sponsor, which are final and binding in all respects. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by Sponsor. In the event the Contest is compromised bytampering or other causes beyond the reasonable control of Sponsor which corrupt or impair the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, Sponsor reserves the right to award prizes based on the entries received before the termination date. Proof of sending or submission of an entry will not be deemed proof of receipt by Sponsor.
  2. Authorization. BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOU HAVE OBTAINED PERMISSION TO SUBMIT YOUR ENTRY FROM EVERYONE NAMED, DESCRIBED, OR APPEARING IN YOUR ENTRY AND FROM THE OWNERS OF ALL LOCATIONS APPEARING IN YOUR ENTRY, AND YOU CAN MAKE THOSE AUTHORIZATIONS AVAILABLE TO SPONSOR UPON REQUEST; (III) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; AND (IV) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION.
  3. Publicity ReleaseBY ENTERING THE CONTEST, YOU AGREE THAT SPONSOR, COX MEDIA GROUP, LLC, COX ENTERPRISES, INC., AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS AND EACH SUCH COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES")HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR NAME, BIOGRAPHICAL INFORMATION, AND LIKENESS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE RELEASED PARTIES AN EXCLUSIVE, ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRIES, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
  4. Indemnification. If Sponsor's use of your entry causes Sponsor to be subject to a claim by any third party, you agree to indemnify and hold harmless the Released Parties, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorney's fees) which the Released Parties (or any one of them) may incur as a result of the use of your entry.
  5. Release. BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT AGREES TO FULLY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, COSTS, LIABILITIES, LOSSES, INJURIES, AND DAMAGES ARISING OUT OF THE CONTEST, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, LOSS OF ENJOYMENT, OR ANY OTHER HARM WHATSOEVER ARISING OUT OF: (1) PARTICIPATION IN THE CONTEST; (2) THE QUALITY, RECEIPT, POSSESSION, USE, OR MISUSE OF ANY PRIZE; OR (3) ANY TRAVEL OR ACTIVITY THAT IS RELATED TO THE CONTEST OR ANY PRIZE.
  6. Limitations of Liability. By PARTICIPATING IN the Contest, PARTICIPANTs acknowledge and agree that EVERYTHING REGARDING THIS CONTEST, INCLUDING THE WEB SITE AND THE prize(S), ARE provided "as is" and that Sponsor makes no representations or warranties OF ANY KIND, express or implied, about the Prize(S) and sponsor hereby DISCLAIMS all such warranties, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE RELEASED PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by PARTICIPANTs, printing OR PRODUCTION errors, or by any of the equipment or programming associated with or EMPLOYED in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Sweepstakes, the processing of entries, or the notification of any winner; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from A PARTICIPANT'S participation in the Contest or receipt or use or misuse of any prize.

Only the number of prizes stated in these Official Rules is available to be won in the Contest. In the event that production, technical, seeding, programming, or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award the prize based upon random selection.

  1. Construction. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
  2. Sponsor.The Power 95.3 DJ Battle 2019 contest is sponsored by Cox Radio Inc., d/b/a Cox Media Group Orlando. The decisions of Sponsor regarding the selection of winners and all other aspects of the Contest shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest. For a list of winners (available after November 1, 2019) or a copy of these Official Rules, visit POWER953.COM or send a self-addressed, stamped envelope to "Winners List/Official Rules" (as applicable), Power 95.3 DJ Battle 2019, 4192 North John Young Parkway, Orlando FL 32804. If you have any questions regarding this Contest, please contact amanda.duitsman@cmg.com.

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