HONDA BATTLE OF THE BANDS CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO VOTE, PARTICIPATE OR WIN (EXCEPT DATA RATES MAY APPLY). PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR PARTICIPANTS IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE INELIGIBLE.
FIRST PRIZE WINNERS MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL AND PARTICIPATE IN THE GRAND PRIZE EVENT ON JANUARY 25, 2014, IN ATLANTA, GEORGIA OR PRIZE WILL BE FORFEITED.
1. Eligibility: The 2013 Honda Battle of the Bands Contest (“Promotion”) is open to citizens of the 50 United States and the District of Columbia who are 18 years of age or older, and have a valid U.S. driver’s license at the time of participation. Employees, officers and directors of the American Honda Motor Co., Inc. (“Sponsor”), Muse Communications, Urban Sports & Entertainment Group, their subsidiaries and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (and their respective tax (IRS) dependents, immediate family members [spouse, parent, child, sibling and their respective spouses] and individuals residing in their same household) are not eligible to participate. The Promotion is subject to applicable federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects. Void where prohibited.
2. Promotion Period: Promotion begins at 12:00:00 P.M. Pacific Daylight Time on October 10, 2013 and ends at 9:00:00 pm Pacific Standard Time on December 13, 2013 (“Promotion Period”). Sponsor’s computer is the official time keeping device for the Promotion.
3. How to Enter: During the Promotion Period, visit www.Hondabattleofthebands.com (“Website”). If you have not already registered for an account at the Website, you must register for an account and provide the required information. Entrants will be asked to showcase their talent and may submit an entry into one of three (3) categories for entry: “Singing/Rap,” “Dance,” or “Play an Instrument.” All entries must perform to one (1) of three (3) songs provided by Sponsor and as correlated to the talent category in which you will perform. Download songs from www.hondabattleofthebands.com. Once you have recorded your original video, upload the video to Instagram (the “entry”) from your computer or mobile device using the hashtag #HBOBFAME and the hashtag of the talent category which you performed (#dancing, #singing, #rapping or #instrument) to enter. Your entry must contain the “#HBOBFAME” and the appropriate talent category hashtag to be valid. Submissions to Instagram must be received no later than 12/13/13.
Videos cannot exceed fifteen seconds (:15) in length.
Limit one (1) entry per person/email address for the entire Promotion Period regardless of category. Participants may not enter using multiple email addresses nor may entrants use any other device or artifice to enter under multiple identities. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Submission of an entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such entry in any way, in any and all media, without limitation, and without consideration to the entrant. Submission of any entry further constitutes the entrant’s consent to irrevocably assign and transfer to the sponsor any all rights, title and interest in the entry, including, without limitation, all copyrights. Entries: must be the original work of the entrant; may not have won previous awards; may not have been published previously; must not infringe third-party rights, and must be suitable for publication (i.e., may not be obscene or indecent). Any person featured in submissions must sign a release prior to awarding of prize.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the entry in any way, in any and all media, without limitation, and without consideration to the entrant.
By submitting an entry in the Contest, you hereby warrant and represent that your entry conforms to the Entry Requirements set forth below:
American Honda Motor Co., Inc. ("American Honda Motor") is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. American Honda Motor will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. If you think that any entry infringes your intellectual property rights, submit notification to the following Designated Agent for this site in the manner described below:
By Mail: Joseph Juliano, 700 Van Ness Ave, Torrance, CA 90501
By Email: email@example.com
For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
A. A physical or electronic signature of a person authorized to act on behalf of the copyright
B. Identification of the copyrighted work claimed to have been infringed;
C. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit American Honda Motor to locate the material;
D. Information reasonably sufficient to permit American Honda Motor to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
F. A statement that the information in the notification is accurate, and under penalty of perjury,
that you are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Contest entry requirements set forth herein in its reasonable discretion.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Promotion Period, to request that any entrant resubmit his or her entry which fails to comply with the Contest entry requirements prior to any judging or voting period.
By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the video on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any entry you submit.
6. Public Voting/Judging/Winner Notification: There will be a total of three (3) First Prize winners selected from all entries. One (1) First Prize winner will be selected from a public vote as described below. Two (2) First Prize winners will be selected by the Sponsor as set forth below.
Public Vote Selection: Each entry will appear on the website during the Promotion Period (the “Voting Period”). The public will be invited to vote for their favorite entry. To vote for an entry, log on to the Website. Then, click the thumbs up icon on the video you wish to vote for. Finally, confirm your vote. Each individual may vote for as many videos as they wish, but each individual may only vote for each video one (1) time during the entire Voting Period. If more than one (1) vote is received from the same person and/or email address for a given entry, all entry from said person or email address will be disregarded. At the conclusion of the Voting Period, Sponsor will rank the entries according to the total votes received. The one (1) entrant whose entry receives the highest total number of votes will be a First Prize Winner (subject to verification). In the event of a tie, the entry that received the winning number of votes first will be deemed a First Prize Winner (subject to verification).
Sponsor Vote Selection: On or about December 16, 2013, Sponsor will select two (2) First Prize winners from among all remaining eligible entries. Sponsor will judge all eligible entries equally on the following criteria: creativity, originality, and showmanship. The two (2) entries receiving the highest score will be First Prize Winners, subject to verification. In the event of a tie, the tie-breaker will be based upon the highest score in the first judging criteria set forth above, continuing thereafter to each judging criteria in the order set forth above, as needed, to break the tie. In the event that a tie still remains, a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries based on the judging criteria set forth above.
Receiving a First Prize is contingent upon compliance with these Official Rules.
Sponsor reserves the right to void all public votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Vote counts are not official until verified by the Sponsor, in its reasonable discretion. Any attempt by the entrant and/or its respective family/friends to vote more than the number of times authorized herein, using multiple names and/or email addresses and/or any other fraudulent mechanism, as determined by the Sponsor in its sole discretion, shall give the Sponsor the right to disqualify the entrant in Sponsor’s reasonable discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes for a given catalog will result in disqualification of all such votes received and may result in disqualification of the entrants for whom the improper votes were received if the Sponsor determines that that entrant was involved in any way in the perpetration of such fraud.
7. First Prize Winner Notification: Winners will be notified by email, phone or mail on or about December 16, 2013. Sponsor is not responsible for any change in participant's email, mailing address and/or telephone number. Winners and travel guests will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of receipt of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner may be selected, in Sponsor’s sole discretion. If a winner is an eligible minor in his or her state or jurisdiction of residence, any prize will be awarded to minor’s parent or legal guardian who will be responsible for completing and submit all required documentation.
8. First Prizes (3): Each First Prize winner will receive a trip for winner and one (1) guest to Atlanta, Georgia between January 24, 2014 and January 26, 2014. The prize trip includes round-trip, coach class air transportation for winner and one (1) guest from a major commercial airport near winner’s home within the U.S. to Atlanta, Georgia one (1) double occupancy standard hotel room for two (2) nights; VIP access to the Honda Battle of the Bands weekend events; and VIP seating to the Honda Battle of the Bands Showcase. Each First Prize winner will also have the opportunity to participate in the Grand Prize event, which will take place January 25, 2014 in Atlanta, Georgia, as further described section 9 (“Grand Prize Event”). FIRST PRIZE WINNERS MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL AND PARTICIPATE IN THE GRAND PRIZE EVENT ON JANUARY 25, 2014, OR PRIZE WILL BE FORFEITED.
Approximate retail value (“ARV”): $1,500.00 each. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and blackout dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Exact travel dates and arrangements subject to availability. Winner and travel guest must travel on same itinerary. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner's proximity to Atlanta, Georgia, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the prize winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prize winner at the time of notification. Prize winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Seat location of event tickets is in Sponsor’s sole discretion. Tickets are subject to the terms and conditions listed thereon. Sponsor is not responsible for the cancellation or delay of any event, prize activities, or any portion thereof, for any reason, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except in Sponsor's sole discretion.
Prizes are non-transferable, may not be substituted, except in Sponsor’s sole discretion, and cannot be redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Applicable federal, state, local and other taxes and fees associated with the prizes and any expenses related to the acceptance and use of prizes and not specified in these Official Rules are the sole responsibility of the Winner. Winner will be issued an IRS 1099 form for prizes valued over $600. Unclaimed prizes will not be awarded.
9. Grand Prize Event: On January 25, 2014, the three (3) verified First Prize winners will have the opportunity to take part in the Grand Prize event for the chance to win the Grand Prize (each a “Participant”). Sponsor will give each Participant no more than 30-seconds to perform his/her talent. The order in which Participants perform will be randomly determined by Sponsor. The Participants will have the opportunity to perform based on their contest entry submission. The audience will be provided with instructions to text to vote for their favorite performer. Message and data rates may apply. Check with your wireless service provider for details on these and other applicable charges. You may receive reply messages. Voters are solely responsible for any such wireless charges. Not all wireless carriers participate. Text entries must be received no later than 5:00 PM EST on 1/25/14 to be eligible.
The one (1) Participant with the most votes, as determined by the Sponsor in its sole discretion, will be declared the winner of the Grand Prize. If, due to a tie vote, more than one Grand Prize winner is selected, the individual receiving the tying vote first will be deemed the Grand Prize winner (subject to verification). In the event that Sponsor cannot determine which individual received winning number of votes first, there will be another voting period between the individuals with tied votes to determine Grand Prize winner. Time of tie breaker alternate voting period shall be communicated by Sponsor at the event. Sponsor reserves the right to re-schedule the date or location of the Grand Prize event for any reason in its sole discretion. THE VEHICLE AT THE GRAND PRIZE EVENT MAY NOT BE THE ACTUAL VEHICLE AWARDED, ACTUAL PRIZE VEHICLE IS BASED ON AVAILABILITY.
10. Grand Prize Vehicle: One (1) Grand Prize of a 2014 Honda Civic EX Sedan with Navigation System (“Vehicle”) ARV: $23,765.00. Vehicle will be delivered with standard options. Color, options, accessories, and other prize specifics to be determined at the sole discretion of the Sponsor. Grand Prize Winner must have and provide a valid U.S. Driver’s License and provide proof of existing car insurance coverage (Comprehensive or Liability) at time of pick-up; failure to show same may result in prize forfeiture and selection of an alternate winner, in Sponsor’s sole discretion. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. Sponsor will pay sales tax and license fees due at time of vehicle pick-up only. Grand Prize winner will be solely responsible for any applicable insurance fees, other fees and taxes (federal, state, local and/or income) and any expenses not listed herein related to the acceptance and use of the Grand Prize, including any travel and transportation costs associated with collecting the Vehicle will not be awarded. Winner will be provided instructions to obtain his/her Vehicle at a Honda dealership to be determined by Sponsor. Winner must take delivery of vehicle within 30 days of notification that dealership has received vehicle. Unclaimed prize will be not be awarded.
Total ARV of all Promotion prizes: $25,265.00
By submitting an entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or voice is used in the Video and (f) and that publication of the video via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Promotion Parties and Instagram from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize and/or naming of entrant as a First Place winner.
By accepting a prize, the winner agrees that its entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her video, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their entry. Sponsor reserves the right to alter, change or modify the winning entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Further, Sponsor may request from winner, that the winner secure from any model(s) or videographer an irrevocable assignment and transfer to Sponsor all of any model(s) or videographer’s right, title and interest in and to the winner’s entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The model(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the entry. Should Sponsor fail to request the said model(s) assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).
12. Limitations of Liability: Neither Sponsor, Muse Communications, Urban Sports & Entertainment Group, nor its agencies are responsible for lost, illegible, late, misdirected, incomplete, or non-delivered Activities, Points or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Promotion; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual/account it finds to be tampering with the entry process or operation of Promotion or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person or to achieve more entries than entitled or to otherwise disrupt the Promotion in any manner. Sponsor is not responsible for injury or damage to participant's or any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of Website. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion or any portion thereof. In the event such action is taken, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of such action. Vehicle winner acknowledges that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize Vehicle, including but not limited to its quality, merchantability, mechanical condition or fitness, except for any express manufacturer’s warranty as may be included with the prize Vehicle.
13. Governing Law: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles County, California.
14. Winners List: For the name of Winners, visit www.Hondabattleofthebands.com beginning January 27, 2014 and no later than March 27, 2014. If you are chosen as a winner, your information may be included in a publicly available winners list.
15. Sponsor: American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, California, 90501.