ELIGIBILITY RULES: The Bodog Battle Competition ("Competition") is only open to bands ("Bands") meeting the following requirements:
- No less than 3 nor more than 12 members; and,
- Not be under contract to any music or entertainment production or related company, promoter, producer, or agent.
Each Band member must
- Play an instrument;
- Be a legal resident of, and reside in, one of the 50 United States or the District of Columbia;
- Be at least 16 years old at time of entry into the Competition; Where applicable accompanied by a parent;
- Be able to legally work full-time and travel throughout the world;
- Be free of a criminal record and pending criminal charges that may interfere with that member's ability to travel freely around the world or otherwise restrict the Band's ability to work in the entertainment industry;
- Not be an employee, officer or director of Bodog Entertainment Group, its respective parents, subsidiaries and affiliated companies, ("Bodog"), the Competition judges or any person or entity connected with the production, administration or judging of the auditions or the television production that forms part of the Competition ("Program"), advertising and promotion agencies, Web masters and Web suppliers and their respective immediate family members (parents, spouse, children or siblings, wherever they reside) and persons living in the same household (whether or not related) of such employees, officers or directors;
- Not be under contract to any music or entertainment production or related company, promoter, producer, or agent;
- If a minor, be eligible to obtain a permit to work in the entertainment industry, and obtain the signature of a parent/legal guardian on each form as required by Bodog;
- Not be a candidate for public office at the time of any audition and, if Band member's Band is chosen to participate in the Competition, not become a candidate for public office until after the initial broadcast of the episode(s) of the Program in which Band appears; and,
- Agree to be bound by these Rules and the decisions of Bodog and/or the judges which are final and binding in all respects. If the Band member is a minor in his/her jurisdiction of residence, his/her parent/guardian must agree, on behalf of the minor, to be bound by these Rules and the decisions of Bodog and/or the judges which are final and binding in all respects.
This Competition is void where prohibited.
In order to audition, each Band member must
- Bring to the audition
- a completed and signed Application;
- valid photo identification (e.g., driver's license or passport); and,
- If Band member is a minor, a completed application with the signature of his/her parent/guardian and properly witnessed.
- Not
- Bring any weapon, alcohol or non-prescription controlled substances to the audition; and,
- Wear any clothing items bearing third party trade-marks or logos or any other image bearing the name or likeness of a person (whether celebrity or not, whether living or dead).
Band may be refused an opportunity to audition if all or any of its members are not in compliance with the above requirements.
TO PARTICIPATE:
Registration: Beginning March 26, 2007 Eastern Time at 12:01 am ("ET") and until such date as Bodog shall so publicly advise on its website, a person may access the Bodog Battle web site ("Web site") and click on the icon, banner or text link to access the Competition registration page. Each time any member of the Band visits the Web site to participate in the Competition, the member of the Band must log-in using the Band's username and password. If at any time a username or password is forgotten, follow the instructions and the username or password will be emailed to the Band Representative. Each Band is solely responsible for the security of its username and password. Precautions should be taken to keep usernames and passwords private to prevent unauthorized use. Neither Bodog, nor any other person or entity will be responsible for any losses, damages or consequences suffered due to careless or unauthorized use of a username and password. Only one username and password may be used by any Band.
About Bands: Once a Band has registered, it cannot re-register under a different name or other identity. Each Band member must meet all eligibility requirements. If, during the Competition any Band member, or Band, enter into a contract with any music or entertainment production or related company, promoter, producer, or agent, that Band member, or Band, must notify Bodog of same and will, in any case, be disqualified. No member of any Band may be a member of any other Band. No member of any Band can be substituted or changed without the prior written permission of Bodog. Should a Band member leave that Band for any reason whatsoever, the Band can only proceed in the Competition with the remaining Band members; however, if a member of the Band dies or is injured or disabled sufficient, in the sole opinion of Bodog, to preclude that Band member from participating in the Competition, the Band may bring in a replacement for that member and such replacement must (a) meet all eligibility requirements, (b) agree to these Rules, (c) execute the required documents, (d) perform with the same instrument(s) as the replaced Band member, and (e) cannot himself/herself be replaced except as provided in these Rules. Should a Band wish to replace a Band member, the Band must notify Bodog in writing of the reason for the desired replacement and comply with any request of Bodog for verification of those reasons. Bodog shall solely decide whether to approve the replacement. The Band member listed on the Application as the Band Representative shall be that Band's contact member; that person will receive all information and notifications related to the Competition and will be responsible for the dissemination of information and notifications to the remaining Band members. Information and notifications shall be transmitted to the Band Representative in any manner determined by Bodog. Each Band shall keep its contact information current. A Band may change its Band Representative's contact information by logging onto the Web site, accessing its profile as instructed and changing that information. When the registration information is submitted, the Band Representative will receive an email confirming the Band's username and password, and will contain instructions on submitting Band's Entry Materials.
Entry Materials: Each Band must
- upload one, and only one, song of no more than 8 MB in MP3 format, and the song must be performed only by Band members;
- submit a truthful Band biography/profile of no more than 250 words in the text box provided, along with a link to its website, myspace page and/or youtube.com page;
- submit complete and accurate lyrics for the song uploaded; and,
- upload 1 Band logo, and one, two, or three Band photographs, of no more than 1 MB each and in .jpg format showing only Band members.
Once a Band submits its Entry Materials, the Entry Materials and any other materials submitted or performed by the Band (individually and collectively the "Band Materials") become the sole property of Bodog, and will not be acknowledged or returned. It is recommended that each Band retain copies of its Entry Materials. Any Entry Materials or Band Materials which Bodog, in its sole opinion, deems to be inappropriate for publication will not be considered and the Band submitting those materials will be disqualified.
By entering the Competition, each Band and each Band member (and his/her parent/legal guardian if that band member is a minor) warrants and represents that all of the Entry Materials and Band Materials, and all music performed and other materials and contributions provided in, and in connection with, any Competition performance including, but not limited to, compositions, lyrics, artwork, performances, audiovisual and digital recordings
- are the sole and original creation of the Band (or an individual member of the Band who has given permission to use to the Band) and have not been copied in whole or in part from any other work;
- do not violate or infringe any intellectual property right such as, but not limited to, copyright, trademark/trade name, or contract rights, or other proprietary right of any person (including but not limited to rights of privacy or publicity and are not defamatory, slanderous or libelous, or portray in a false light), or entity;
- is the sole and exclusive property of the Band (or an individual member of the Band who has given permission to use to the Band);
- will not in whole or in part have been published, or submitted or performed in any other Competition, or licensed or otherwise encumbered in any manner whatsoever; and,
- complies with (and does not violate) any law, rule or regulation. Band Materials cannot name, describe, or depict any person or character, living or dead or fictional (except Band members), and cannot contain any material subject to copyright of any third party or contain the trademark, trade name or logo of any third party (other than that which is displayed on an instrument and applied to that instrument by its manufacturer and then only as it had been applied by the manufacturer).
By entering the Competition, the Band and each Band member (and his/her parent/legal guardian if that Band member is a minor) grants permission for the use of the Entry Materials and Band Materials, and the name of the Band and the name of each individual member of the Band, in all media and manner of exploitation including broadcast, advertising, promotion, and publicity of the Competition, throughout the world and in perpetuity, or as otherwise as stated in these Rules, as solely determined by Bodog.
STAGES OF ELIMINATION: See "How it Works" on website.CONDITIONS FOR ALL PRIZES: No purchase necessary. Expenses not stated as being covered by Bodog are the sole responsibility of the winners. Prizes cannot be substituted, assigned or redeemed for cash, but Bodog reserves the right to substitute any prize (or portion of a prize) with one of equal value should that prize (or portion) become unavailable for any reason. If any winner cannot or does not accept a prize as stated, that prize will be forfeited in its entirety and, time permitting, awarded to an alternate winner. All income and other taxes on prizes are solely the responsibility of the winners. Odds of winning depend on the number of entries received.
GENERAL CONDITIONS: By entering the Competition, each Band and the Band members (and a member's parent/legal guardian, if member is a minor) release, discharge and agree to hold harmless Bodog, and its respective parent, subsidiary and related companies, advertising and promotion agencies, and all of their respective employees, officers and directors, representatives and agents, and judges (collectively "Releasees"), from and against any and all claims, losses or damages of any kind (whether due to negligence or otherwise), including personal injury, death, and/or property damage, and/or breach or failure of any representation or warranty, and/or contract rights, and/or infringement of intellectual property rights such as, but not limited to, copyright, trademark/trade name, and/or rights of publicity or privacy, defamation, slander, or libel, or portrayal in a false light, arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or participation in this Competition, or participation in any Competition-related activity or travel-related activity. This release, discharge and agreement to hold harmless the Releasees also covers the failure of any computer system, phone line, hardware, software, or program malfunctions or other errors, failures, or delayed computer transmissions or network connections that are human or technical in nature. Further, Releasees are not responsible for incorrect or inaccurate entry of information, whether caused by Internet users, or by any of the equipment or programming, or by any technical or human error that may occur in the processing of the entries. In addition, the Releasees shall not be responsible for failed, incomplete, garbled, misdirected, or misrouted electronic communications, whether caused by the sender or by any of the equipment associated with or utilized in relation to the Competition.
Each member of the Band understands and agrees that all his/her rights under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. Each Band member acknowledges and understands that Section 1542 reads as follows:
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"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Each Band member acknowledges that he/she may hereafter discover claims in addition to the ones released herein, and hereby releases Releasees for and from any such unknown or unsuspected claims.
In the event of a dispute regarding the identity of the individual who actually submitted an entry, the entry will be deemed submitted by the person in whose name the e-mail account is registered. Bands and Band members (and the member's parent/legal guardian, if member is a minor), by entry into the Competition, grant permission (and agree to confirm such permission in writing) in perpetuity, for Bodog and those acting pursuant to Bodog's authority to use his/her name, photograph, voice and/or likeness, and videos, recordings and prize information, if applicable, and Entry Materials and Band Materials (and notwithstanding anything to the contrary in these Rules, license the use of the Entry Materials and Band Materials which may be altered, changed, modified, edited, used alone, together or with other works, and/or used in distorted, illusory or composite form, as solely determined by Bodog) for advertising, trade and promotional purposes without further compensation, at any times or time, in all media now known or hereafter discovered world wide without notice or review or approval.
Bands and Band members (and the member's parent/legal guardian, if member is a minor) are required to complete, sign and return a confirmation of any affidavit of eligibility, liability release and, where lawful, publicity release originally executed within the timeframe set by Bodog. If such documents are not returned in a timely manner, or if a notification is returned as non-deliverable, or if a Band or Band member is found to be ineligible or otherwise not in compliance with these Rules, any prize awarded to the Band may be forfeited and an alternate winner selected, time permitting.
General Rules of the CompetitionBodog reserves the right to change the structure of the Competition as it sees fit including, without limitation, adding or deleting Bands/auditions/heats/competitions to the Competition and/or requesting additional performances from Bands and/or changing the anticipated auditioning or recording schedule.
It is a condition of entry and participation in the Competition that Bands make themselves available to participate in the Competition, agree to and sign all applicable agreements and forms, and abide by terms and conditions of such agreements and forms and the rules, regulations, terms and conditions as devised from time to time by Bodog including, but not limited to, any Competition or Program rules. As part of Bands' contribution to the Competition and/or Program, Bodog may request Band to participate in additional activities relating to the Program including, without limitation, live or recorded performances (and international locations to be determined by Bodog), skills challenges, tasks, elimination rounds, web casts, pod casts, blogs, video diaries, chat rooms, SMS chats, as well as various interviews, appearances, promotional, publicity, and sponsorship and merchandising activities in any and all media. Band understands and accepts that there may be no compensation for such additional activities.
It is a condition of entry and participation in the Competition that Band members and/or Bands have not entered into any contractual, commercial, sponsorship or other arrangements in respect of his/her/their musical or performing abilities or the products thereof or in respect of his/her/their name, likeness, image or biography which might be in breach of any of the Release forms or otherwise prevent Band members and/or Band from participating in the Program or the broadcast, promotion, exploitation or sponsorship thereof.
Should any Band be selected to participate in the Program, it is a condition of participation, with the benefit of legal advice, Band enters into some or all of the following agreements, as provided by Bodog, in its discretion: a recording agreement with a record company; a merchandising and sponsorship agreement; a publishing agreement and a management agreement (the "Talent Agreements"). Each Band selected to participate in Program shall also agree to restrictions on its ability to appear on television and in other entertainment media as well as read, approve and sign the related releases, series rules and Talent Agreements. Should Band for any reason fail to enter into these agreements (or any of them) prior to commencement of recording of the Program, Bodog reserves the right to disqualify Band from the Competition. The Talent Agreements (or any of them) will become effective upon Bodog, its affiliates, licensees, successors or assigns exercising the options in relation thereto.
At the sole discretion of Bodog, Band may be required to keep any and all information regarding the Competition completely confidential and may be prohibited from conducting any interviews or providing any comment or information to the public and the media without the consent of Bodog including, without limitation, information regarding the outcome of the regional auditions and any subsequent heats, the performances of any Band including their own, and any and all comments of the judges or Bodog.
Bodog's decision (which may or may not coincide with the decision of judges and/or the voting public, as recorded by the voting service provider) in the elimination of any Bands and in the awarding of any prizes to the Bands, including the Grand Prize, is final and binding.
Bodog has the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Competition. All personal details and information requested by and supplied to Bodog by each Band must be full, truthful, accurate and in no way misleading. Bodog reserves the right to disqualify Band from the Competition, the Program or auditioning process in its sole discretion, should Band at any stage supply untruthful, inaccurate or misleading personal details and/or information, or should Band be ineligible for the Competition pursuant to the Competition or Program rules.
Bodog will have no liability to Band or a Band member who is unable to attend or take part in any part of the Competition for whatever reason, as determined by Bodog in its sole discretion.
Bodog reserves the right to amend the Competition or Program rules or terminate the Competition at any time without any liability to any Band or Band member. Bodog further reserves the right to replace at its discretion any Band or Band member who for any reason fails or is disqualified from or unable to participate in any aspect of the Program and/or Competition, as determined by Bodog in its sole discretion, with another replacement Band, notwithstanding that such replacement Band may have been previously eliminated from the Competition.
Band must at all times behave appropriately when taking part in the Competition and/or Program, and observe the Competition and Program rules and any other rules or regulations in force at the studios and/or locations. Bodog reserves the right in its absolute discretion to remove from the Program, studio premises or location any Band who breaks such rules and/or fails to behave appropriately, and to disqualify such Band. All Bands agree that Bodog and its agents can use, exploit and distribute, in any media whatsoever, now known or hereafter created, worldwide in perpetuity, the Band's audition(s), performances and appearances, speeches, interviews and comments and the Band's name, trade-mark, likeness, image or voice without any further consent or compensation of any nature or kind. All Bands and all members thereof agree to waive any and all copyright interest, of any nature or kind, they may have in their comments, audition(s), performances and appearances including, without limitation, any moral rights in the foregoing.
Bands acknowledge that Bodog, its affiliates, licensees, successors and assigns, the judges, the advertising agencies and any person or entity connected with the production, administration or judging of the auditions, the Competition or the Program, and any of their respective parent companies, affiliates, subsidiaries, agents or representatives, are not responsible for and are in no way liable for any injuries, loss or damages caused: a) by the administration (including scheduling) of the Competition including any failure of transportation or inability for any reason to appear before the judging panels; b) by the Bands' or any third party's participation in the auditioning process, or being selected or disqualified; c) as a result of the decisions of the judges, Bodog or public voting; or d) by any printing, typographical or technological error in any materials associated with the Competition. In the event of any dispute concerning the operation of any element of the Competition or Program or these Competition rules, the decision of Bodog will be final. Any dispute or claim arising out of the Competition or Program, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the Province of British Columbia, without respect to conflicts of laws principles, and subject to an arbitration process. These Competition rules are additional to and do not supersede any and all agreements or application forms signed by the Band and, should here be a conflict between or among any provisions of this agreement's and other agreements' and/or applications, the most strict of such conflicting provisions shall apply. All of Bands' promises, agreements, statements, acknowledgments, understandings, and releases shall inure to the benefit of the legal representatives, agents, licensees and assigns of Bodog.
WINNER'S LIST For a list of winners, send a self-addressed envelope to: 10th Floor - 333 Seymour St. Vancouver, BC, Canada V6B 5A6. Winners list will not be available by telephone, e-mail, or fax.
SPONSOR: Bodog Entertainment Group, Officentro Ejecutivo La Sabana, Torre 5 Piso 7, Sabana Sur, San Jose, Costa Rica
BODOG RESERVES THE RIGHT TO SUPPLEMENT, MODIFY OR DELETE ANY REQUIREMENT, AND TO ADD REQUIREMENTS NOT LISTED. THESE CHANGES MAY BE MADE AT ANY TIME, IN BODOG'S SOLE DISCRETION. BODOG ALSO RESERVES THE RIGHT TO MODIFY THE MANNER IN WHICH IT PRODUCES THE PROGRAM, OR TO NOT PRODUCE THE PROGRAM AT ALL.
