OFFICIAL RULES

BLUE MAN BOSTON DRUM-OFF CONTEST

NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.

By participating in the Blue Man Boston Drum-Off (the “Contest”), you (if a minor, your parent/legal guardian) agree to be bound by these Official Rules and the decisions of Blue Man Productions, LLC (“Sponsor”), which are final and binding in all matters.

CONTEST OBJECTIVE: Sponsor is looking for entrants (as used here, “entrant” refers to the contestant/drummer) to give a solo drumming performance.


  1. HOW TO ENTER:


To participate in the Contest, you must:

  1. upload a video to either YouTube or Vimeo** and then submit a link to the video through www.blueman.com/bostondrumoff (“Website”) during the period beginning at 9:00 am Eastern Standard Time (“EST”) on Monday, June 3rd, 2019, through 11:59 pm EST on Monday, June 17th, 2019 (“Entry Period”). When uploading your video to YouTube or Vimeo, include both of the hashtags #BlueManDrumOff and #Contest. Should an entrant make an otherwise valid video submission, but fail to include both of these required hashtags, Sponsor reserves the right, in its sole discretion, to contact such entrant and allow the entrant to update its video posting to include the required hashtags, even after the conclusion of the Entry Period. Such submissions will be considered timely for purposes of Contest entry; and
  2.  Visit the “Blue Man Boston Drum-Off Contest” page blueman.com/bostondrumoff and follow the instructions on that page (“Instructions”) on how to submit an original drumming video (“Entry”). All Entries must be received by 11:59 p.m. EST on Monday, June 17th, 2019 to be eligible. Posting of video on YouTube or Vimeo alone will NOT result in Entry; you must also go to www.blueman.com/bostondrumoff and complete an entry form with a link to your video in order to enter the Contest.

Limit one (1) Entry per person. Multiple Entries from any person in violation of the preceding limit will be void; and, Sponsor reserves the right to disqualify altogether persons who egregiously, repeatedly or blatantly violate the entry limit. If you do not already have a Website account and a YouTube account or Vimeo account, you will be required to create a Website account and YouTube or Vimeo account (as applicable) in order to enter. In all cases, creating an account is free. All Website terms and conditions apply; and, with regard to use of YouTube or Vimeo, you should carefully review the terms of use and the privacy policy of YouTube or Vimeo (as appropriate), PRIOR to entering the Contest. Any personal information supplied by entrants will be subject to Sponsor’s privacy policy located at http://www.blueman.com/privacy-policy. Accounts or Entries generated by script, macro or other automated means will be void. Website’s clock will be the official time-keeping device for the Contest. All Entries become the property of Sponsor and will not be acknowledged.

**The Contest is in no way sponsored or endorsed by, or otherwise associated with YouTube® or Vimeo®. By participating in the Contest, you agree that YouTube and Vimeo will not have any liability relative to such participation. YouTube and Vimeo are trademarks of their respective owners and are not affiliated with Sponsor.

All Entries must meet the following criteria:

  • Entry must feature a one to two minutes performance by entrant alone.
  • Entry must be original (and may not have been submitted to any other contest), and the entrant (or, if a minor, entrant’s parent/legal guardian) must have all rights necessary to post and submit the Entry.
  • Entrant must not have won any previous grand prize awards in contests sponsored or administered by Sponsor or any other Blue Man Group affiliate.
  • Entry must not infringe on the intellectual property or other rights of any third party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights. It is each entrant’s (if a minor, entrant’s parent/legal guardian’s) responsibility to ensure that he/she has all necessary rights to submit the Entry (with the exception of any rights associated with Blue Man Group) and to grant Sponsor the rights described in these Official Rules. If a third party took the video of entrant (that is, actual entrant/drummer regardless of his/her age), entrant (or, if a minor, entrant’s parent/legal guardian) must secure the permission of the third party videographer.
  • If Video portion of Entry is posted on YouTube, it must be in compliance with the YouTube Community Guidelines, accessible by clicking here https://www.youtube.com/yt/about/policies/#community-guidelines.
  • If Video portion of Entry is posted on Vimeo, it must be in compliance with the Vimeo Community Guidelines, accessible by clicking here https://vimeo.com/help/guidelines.
  • Entries must meet all Instructions and must be submitted in the manner specified in the Instructions (incorporated herein by reference and made a part of these Official Rules; in the event of any inconsistency between the Instructions and these Official Rules, these Official Rules shall prevail, govern and control in all respects).
  • Entries may not contain material that is obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law. Entries must be “family friendly” and appropriate for viewing by the general public. Appropriateness and suitability of entries will be determined by Sponsor in its discretion.
  • Video portion of Entries must not contain any personal information (e.g., phone number, e-mail address or mailing address of any person, including entrant).
  • Entries must not disparage or adversely affect the goodwill and business reputation of Blue Man Productions, LLC and/or Blue Man Group.
  • Entries must be relevant to the Contest theme (i.e., showing entrant giving a drumming performance).

Each entrant acknowledges that other entrants may have used ideas and/or concepts in their Entry that may be similar in idea or concept to what is included in entrant’s Entry. Each entrant understands and agrees that he/she shall not have any claim against any other entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity. 

To the extent any Entries include any intellectual property provided by Sponsor, including but not limited to Sponsor logos, or trademarks (collectively the “BMG IP”), entrants are not permitted to make any use of the BMG IP beyond the limited right to post their Entry on Youtube or Vimeo, which may only be done for purposes of participating in this Contest in accordance with these Official Rules. Entrants are not permitted to make any further use of the BMG IP for any purpose whatsoever.  As between entrant and BMG, entrants recognize that all right, title, and interest in the BMG IP as well as all derivative works created using the BMG IP shall vest exclusively to Sponsor and that the reposting of BMG IP does not grant entrant any rights in or to the BMG IP.


  1. ELIGIBILITY:


Open to legal residents of the fifty (50) United States and the District of Columbia. Contestants/drummers must be at least thirteen (13) years of age. If under the age of 18, individual must have permission from his/her parent or legal guardian to enter. Employees of Sponsor and its parents, affiliates, subsidiaries, and advertising, promotion, and fulfillment agencies, and their immediate family members (spouse and parents, children, siblings and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate in the Contest. Contest is void where prohibited. All applicable federal, state and local laws apply.


  1. SEMI-FINALIST SELECTION; NOTIFICATION; COMPETITION


No more than twenty (20) semi-finalists will be selected by Sponsor representatives, qualified members of the media community and music industry professionals (the “Judges”) from all eligible Entries received based on the following equally weighted criteria: (a) Musicality; (b) Style and Personal Flair; (c) Creativity; and (d) Technical Ability. In the event of a tie, an additional tie-breaking judge will determine the semi-finalists from among those tied using the same judging criteria. Sponsor reserves the right to select fewer than twenty (20) semi-finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Judging scores will not be revealed. The decisions of the Sponsor and Judges are final.

Semi-finalists will be selected on or about Friday, June 21st, 2019. Sponsor or an agent of Sponsor will attempt to notify each semi-finalist by email or phone number provided on the entry form. If Sponsor or its respective representative who attempts to contact a semi-finalist is unable to speak directly to that person within 24 hours of the time notification is first attempted, that person will forfeit all right to the prize (including the opportunity to participate in later round[s] of the Contest) and an alternate semi-finalist may be selected from the remaining pool of qualified Entries at the sole discretion of Sponsor and time permitting. Semi-finalist (if a minor, semi-finalist and semi-finalist’s parent/legal guardian) must be present at the event in Boston on Wednesday, June 26th, 2019, to compete in the semi-finals which will entail a drumming performance with the other semi-finalists from 6:00 p.m. to 10:00 p.m. at the Charles Playhouse, 74 Warrenton Street, Boston, MA 02116. Semi-finalist round drumming performance may be subject to additional regulations which are made a part of these Official Rules and incorporated herein by reference. In the event of any inconsistency between the Semi-finalist round regulations and these Official Rules, these Official Rules shall prevail, govern and control in all respects. If a selected semi-finalist (or if semi-finalist is a minor, semi-finalist and his/her parent/legal guardian) is not present at the time of Semi-finalist round drumming performance on June 26th, 2019, for any reason, then semi-finalist forfeits all right to compete and Sponsor shall have no liability of any kind to that semi-finalist. THE SAME CONTESTANT/DRUMMER IN THE INITIAL ENTRY MUST ALSO PARTICIPATE IN THE SEMI-FINALIST ROUND DRUMMING PERFORMANCE. All travel expenses to and from the semi-finalist round drumming performance and accommodations during the semi-finalist round drumming performance are the sole responsibility of the semi-finalist (or, if a minor, entrant’s parent/legal guardian). IF YOU CANNOT OR FOR ANY REASON DO NOT ATTEND THE SEMI-FINALIST ROUND DRUMMING PERFORMANCE, THEN YOU WILL FORFEIT ANY FURTHER RIGHT TO COMPETE IN THE CONTEST.


  1. FINALIST SELECTION; NOTIFICATION; COMPETITION


No more than five (5) finalists will be selected by the Judges from all eligible semi-finalists after the live performance of all the semi-finalists. In making such selection, the Judges will use the criteria set forth in Rule 3 above. In the event of a tie, an additional tie-breaking judge will determine the finalists from among those tied using the same judging criteria. Judging scores will not be revealed. The decisions of the Sponsor and Judges are final.

Finalists will be selected by the Judges on or about Wednesday, June 26th, 2019, (immediately following the semi-finals) using the same criteria and procedures described above.

Selected finalists (if a minor, finalist and finalist’s parent/legal guardian) must be available and agree to perform at two (2) rehearsals: Thursday, June 27th, 2019 from 11:00 a.m.-4:00 p.m. and Friday, July 5th, 2019 from 12:00 p.m.-4:00 p.m. Both rehearsals will take place at the Charles Playhouse, 74 Warrenton Street, Boston.

All finalists (and, if a minor, entrant’s parent/legal guardian) must be present at the event to be held at Summer Block Party at The Lawn on D, 420 D Street, Boston, MA 02210 on Saturday, July 6th, 2019, to compete in the finals event. Finalist round public drumming performance may be subject to additional regulations which are made a part of these Official Rules and incorporated herein by reference. In the event of any inconsistency between the Finalist round regulations and these Official Rules, these Official Rules shall prevail, govern and control in all respects. If a selected finalist is not present at the time of Finalist round public drumming performance on July 6th, 2019, for any reason, then finalist forfeits all right to compete and Sponsor shall have no liability of any kind to that finalist. THE SAME CONTESTANT/DRUMMER IN THE INITIAL ENTRY AND THE ENTRANT WHO PARTICIPATED IN THE SEMI-FINALIST ROUND PUBLIC DRUMMING PERFORMANCE MUST ALSO PARTICIPATE IN THE FINALIST ROUND PUBLIC DRUMMING PERFORMANCE. All travel expenses to and from the Finalist round public drumming performance and accommodations during the Finalist round public drumming performance are the sole responsibility of the entrant (or, if a minor, entrant’s parent/legal guardian). IF YOU CANNOT OR FOR ANY REASON DO NOT ATTEND THE FINALIST ROUND PUBLIC DRUMMING PERFORMANCE, THEN YOU WILL FORFEIT ANY FURTHER RIGHT TO COMPETE IN THE CONTEST.

WINNER SELECTION: The winner will be selected on or about Saturday, July 6th, 2019, immediately following the public performance of the finalists. In making such selection, the Judges will use the criteria set forth in Rule 3 above. Winner (and, if a minor, entrant’s parent/legal guardian) must sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within indicated time period. If winner/finalist (and, if a minor, entrant’s parent/legal guardian) fails to do so, the Grand Prize will be forfeited and an alternate winner/finalist will be selected from the remaining pool of qualified finalists/Entries (as applicable).


  1. PRIZE & APPROXIMATE RETAIL VALUE (“ARV”):


Grand Prize (one winner): Grand Prize winner will receive the following items: one (1) DW Drum Set; one (1) Vic Firth sticks and gift pack (exact items of gift pack to be determined at Sponsor’s sole discretion); one (1) Sabian® cymbals package (exact items of package to be determined at Sponsor’s sole discretion); eight (8) Premium Poncho tickets to Blue Man Group in Boston, MA; $100 of Blue Man Group Promotional merchandise. Total ARV of Grand Prize is $4,974.19.

Grand Prize will be awarded onsite at The Lawn on D, 420 D Street, Boston, MA 02210, on July 6th, 2019, after the Grand Prize winner selection. Grand Prize winner (if a minor, winner’s parent/legal guardian) must claim the Grand Prize in its entirety within forty-eight (48) hours of being named the Grand Prize winner. The Grand Prize may be accepted by the Winner in whole or in part. In the event that the Grand Prize is accepted in part by the Winner, Sponsor shall have no other obligation than to provide to Winner such accepted part of the Grand Prize. Winner shall not be entitled to claim any part of the Grand Prize that he/she has refused and Sponsor shall be released of any obligations pertaining to such refused part of the Grand Prize

Tickets to Blue Man Group performance are subject to availability and any specified terms and conditions as indicated thereon and are not for re-sale. Changes to reservations, once made, are not permitted. Unless explicitly included in the Grand Prize description above, all costs, charges or expenses inherent to the use of the Grand Prize, including without limitation all other traveling expenses, money allocation, all taxes (including income, airport, hospitality or other taxes if applicable), insurance, fuel surcharges, travel related fees and items of a personal nature, internet access charges, bar and wine charges, souvenirs, room service, gratuities and local and long distance telephone calls are the sole responsibility of the Winner and his/her guests.

All prize details are at Sponsor’s sole discretion. Grand Prize must be accepted as awarded. Grand Prize cannot be substituted or transferred by winners. No cash redemption is allowed by the Winner. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion. No compensation will be awarded to Winner if the actual value the Grand Prize is less than the approximate retail value detailed hereinabove.

In the event that the Grand Prize is forfeited by Winner, BMG shall have no obligation to re-issue the forfeited Grand Prize to another alternate Winner.

All federal, state, local and other taxes are the sole responsibility of the winner (or, if a minor, entrant’s parent/legal guardian). Winner will be issued a 1099 Tax Form reflecting the total fair market value of the Grand Prize.

Third party trademarks are used herein solely for purposes of prize identification. No sponsorship, endorsement or affiliation is intended by such use.


  1. PUBLICITY GRANT


Entry in the Contest constitutes permission from entrant (if a minor, entrant’s parent/legal guardian) for Sponsor and its designees to use the Entry, as well as contestant/drummer’s name, biographical information, and likeness for advertising and promotional purposes, in any manner, in any and all media now or hereafter devised, worldwide in perpetuity, without compensation, notification or permission, except where prohibited by law and as otherwise provided herein. The preceding expressly includes but is not limited to any recordation of the semi-finalist and/or finalist round live performances.


  1. INTELLECTUAL PROPERTY/USE OF ENTRIES


Entrant (and, if a minor, entrant’s parent/legal guardian) grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the user content in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to entrant. The preceding grant of rights is subject to any rights retained by a social media operator in its social media platform. Entrant (and, if a minor, entrant’s parent/legal guardian) further waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the user content. Entrant (and, if a minor, entrant’s parent/legal guardian) further agrees, upon Sponsor's request and without compensation of any kind, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this subsection.   

Each participating entrant (and, if a minor, entrant’s parent/legal guardian) hereby represents and warrants that any Entry and other materials and information provided by entrant are original to entrant and did not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the Entry or information or materials provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant (and, if a minor, entrant’s parent/legal guardian) represents he or she has obtained, prior to submission of the Entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the Entry and information and materials by Sponsor in the manner set forth in these Official Rules without additional compensation.

Each entrant (and, if a minor, entrant’s parent/legal guardian) represents and warrants that the Entry and materials and information provided do not contain information considered by entrant (and, if a minor, entrant’s parent/legal guardian) or any other third party to be confidential, and that the Entry, materials, and information provided do not violate any laws or regulations. Entrant (and, if a minor, entrant’s parent/legal guardian) agrees that Sponsor has the right to verify the ownership and originality of all Entries and that, upon Sponsor’s request, entrant (or, if a minor, entrant’s parent/legal guardian) must submit a written copy of any release or permission entrant (or, if a minor, entrant’s parent/legal guardian) has received from a third party granting entrant (if a minor, entrant’s parent/legal guardian) the right to use such property. Entrant (and, if a minor, entrant’s parent/legal guardian) understands and acknowledges that in the event a submission is selected as a winning Entry, and entrant’s ownership, rights and the originality of the Entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner based on the same judging criteria.


  1. GENERAL RULES


In the event of a dispute regarding any Entry, that Entry will be deemed made by the authorized holder of the primary email address associated with the Entry at the time of the Entry submission and such entrant (and, if a minor, entrant’s parent/legal guardian) must comply with these Official Rules. Sponsor and Summer Block Party at The Lawn on D and their parent, affiliates, subsidiaries, and advertising, promotion, and fulfillment agencies and all of their respective officers, directors, employees, agents and representatives(collectively, “Released Parties”) are not responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, corrupted, inaccessible, garbled or delayed electronic communications or for errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest (including inactive links to videos, as well as Sponsor’s inability to access videos due to filtering or other operation of the functionality of YouTube or Vimeo), the processing or judging of Entries or in any Contest-related materials. Released Parties reserve the right at their sole discretion to disqualify any entrant that tampers or attempts to tamper with the Entry process or the operation of the Contest, mobile application, or website; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. The preceding expressly includes the conduct of contestants/drummers in the semi-finalist and/or finalist round live performances. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages (including attorneys’ fees) and other remedies from any such person and entrant (and, if a minor, entrant’s parent/legal guardian) to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest if it is not capable of running (in whole or in part) as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures or any other problems. In such case, Sponsor will conduct the Contest and make the prize available to be won in a manner determined by Sponsor to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on blueman.com/bostondrumoff. Released Parties will have no liability or responsibility for any claim arising in connection with participation in this Contest or the exploitation of any Entry. Entrants (and, if a minor, entrant’s parents/legal guardians) assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest.


  1. PERSONAL INFORMATION RETENTION RULES FOR SWEEPSTAKES


By entering the Contest, (i) Entrants agree to the collection, use, and disclosure of their personal information by Sponsor in accordance with its privacy policy available at https://www.blueman.com/privacy-policy; (ii) Entrant agrees to receive newsletters, exclusive offers, content, product updates, e-mails, and other commercial electronic messages from Sponsor and its affiliates; and (iii) for the purposes of the Contest, namely contacting the Winner, Entrant agrees to the transfer of her/his personal information to Sponsor’s partners.

Sponsor has adopted the technical and organizational measures necessary to ensure the security of the personal information and prevent their alteration, loss, unauthorized processing or access, having regard to the state of technological development.

At any time you may revoke your consent and/or exercise your rights of objection, access, rectification and cancellation by addressing your notice to info@blueman.com. Please, for your convenience and to hold our databases up to date, kindly notify us of any change in your personal information.


  1. RELEASE/LIMITATIONS OF LIABILITY


ENTRANTS (IF A MINOR, ENTRANT’S PARENTS/LEGAL GUARDIANS) HEREBY HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM USE OF THE ENTRY. RELEASED PARTIES ARE NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, MISDIRECTED, ILLEGIBLE, INACCESSIBLE, CORRUPTED, INCOMPLETE, DELAYED, INACCURATE, GARBLED, STOLEN OR MUTILATED ENTRIES, OR FOR ANY COMPUTER, ONLINE, TELEPHONE OR TECHNICAL MALFUNCTIONS, DELAYS OR HUMAN ERRORS THAT OCCUR IN THE PROCESSING, TRANSMISSION OR RECEIPT OF ENTRIES, OR FOR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION, OR FOR ENTRIES THAT ARE STOLEN, MISDIRECTED, GARBLED, LOST OR DELAYED BY COMPUTER TRANSMISSIONS, OR IF FOR ANY REASON, THE CONTEST IS NOT CAPABLE OF BEING CONDUCTED AS PLANNED, INCLUDING BUT NOT LIMITED TO INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORIZED INTERVENTION, FRAUD, TECHNICAL FAILURES, OR OTHER CAUSES. RELEASED PARTIES ARE NOT RESPONSIBLE FOR INCORRECT OR INACCURATE ENTRY INFORMATION WHETHER CAUSED BY INTERNET USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST OR BY ANY TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE PROCESSING OF THE ENTRIES IN THE CONTEST.


  1. DISPUTES


This Contest and the rights and obligations of Sponsor and participants will be governed by and controlled by the laws of Massachusetts, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the City of Boston, Massachusetts. Entrant (and, if a minor, entrant’s parent/legal guardian) agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, and in no event will entrant be permitted to obtain attorneys' fees or other legal costs; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.


  1. WINNERS’ LIST


You may request the names of winners (available after July 8th, 2019), by sending a self-addressed, stamped envelope to the Sponsor at the address below for receipt by no later than 90 days after Contest ends.


  1. SPONSOR


Blue Man Productions, LLC, 434 Lafayette Street, New York, New York 10003.