BLUE MAN NEW YORK DRUM-OFF CONTEST
NO PURCHASE OF ANY KIND IS NECESSARY TO ENTER OR WIN.
By participating in the Blue Man New York Drum-Off (the “Contest”), you 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 upload a video to either YouTube or Vimeo** and then submit a link to the video through www.blueman.com/newyorkdrumoff (“Website”) during the period beginning at 9:00 am Eastern Standard Time (“EST”) on Monday, August 14, 2017 through 11:59 pm EST on Sunday, August 27, 2017 (“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.
**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 performance by entrant alone.
- Entry must be original (and may not have been submitted to any other contest), and the entrant must have all rights necessary to post and submit the Entry.
- Entrant must not have won any previous 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. It is each entrant’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 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/policyandsafety/communityguidelines.html.
- 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).
2. ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia. Contestants/drummers must be 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.
3. SEMI-FINALIST SELECTION; NOTIFICATION; COMPETITION: 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 Wednesday, August 30, 2017. 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 must be present at the event in New York City on Wednesday, September 13, 2017, to compete in the semi-finals which will entail a public drumming performance with the other semi-finalists at Astor Place Theatre at 434 Lafayette Street, New York, New York 10003. Semi-finalist round drumming performances 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 is not present at the time of Semi-finalist round drumming performance on Wednesday, September 13, 2017, 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. 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.
4. FINALIST SELECTION; NOTIFICATION; COMPETITION: Three (3) 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, September 13, 2017, (immediately following the semi-finals) using the same criteria and procedures described above.
All finalists must be present at the event to be held at the Astor Alive! Festival in Astor Place (or alternately, in the case of inclement weather or cancellation of the Astor Alive! Festival, on Friday September 29, 2017 at the Astor Place Theatre at 434 Lafayette Street, New York, NY 10003) on Saturday, September 23, 2017 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 Saturday, September 23, 2017 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 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. 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. IF YOU CANNOT ATTEND THE FINALIST ROUND PUBLIC DRUMMING PERFORMANCE OR DO NOT WISH TO PAY FOR TRAVEL EXPENSES/ACCOMMODATIONS DURING THE FINALIST ROUND PUBLIC DRUMMING PERFORMANCE, THE FINALIST PRIZE MUST BE FORFEITED.
WINNER SELECTION: The winner will be selected on or about Saturday, September 23, 2017, 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 must sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) within indicated time period. If winner/finalist fails to do so, the Grand Prize/Finalist Prize will be forfeited and an alternate winner/finalist will be selected from the remaining pool of qualified finalists/Entries (as applicable).
5. PRIZES & APPROXIMATE RETAIL VALUES (“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 1 x XSR Rock Performance Set of Cymbals (includes 14” Rock Hats, 16” Rock Crash, 20” Rock Ride); one (1) VOX Mini3; one (1) Korg Volca Beats; one (1) Korg Volca Kick; two (2) VIP tickets to Blue Man Group at the Astor Place Theatre, NY ; and one (1) Three album. Total ARV of each Grand Prize is $5,879.86
Finalist Prize (4 winners): Each Drum-Off Category Finalist will receive two (2) VIP tickets to Blue Man Group at the Astor Place Theatre, NY. Total ARV of each Drum-Off Finalist Prize is $358.00
Grand Prize will be awarded onsite at the Astor Alive! Festival (or alternately, in the case of inclement weather or cancellation of the Astor Alive! Festival, on Friday September 29, 2017 at the Astor Place Theatre at 434 Lafayette Street, New York, NY 10003). Grand Prize winner must claim the Grand Prize in its entirety within two (2) weeks of being named the Grand Prize winner.
Tickets to Blue Man Group performance are valid for only certain performances as specified on the ticket. Tickets are subject to terms and conditions as indicated thereon and are not for re-sale.
In participating in the Blue Man Group VIP Experience, winner and guest must behave at all times in an appropriate, courteous and respectful manner as well as following all instructions of Sponsor and venue personnel. Failure to do may result in immediate ejection of winner and/or guest from venue, forfeiture of other prize elements (for winner), and Sponsor reserves the right to pursue legal sanctions against winner and guest, as appropriate.
All prize details are at Sponsor’s sole discretion. Prizes must be accepted as awarded. Prizes cannot be substituted or transferred by winners. Sponsor reserves the right to substitute a prize of comparable or greater value, at its sole discretion.
All federal, state, local and other taxes are the sole responsibility of the winner. The Grand Prize 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.
6. PUBLICITY GRANT: constitutes permission from entrant 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.
7. INTELLECTUAL PROPERTY/USE OF ENTRIES: Winner: Entrant 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 further waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the user content. Entrant 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 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 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 represents and warrants that the Entry and materials and information provided do not contain information considered by entrant or any other third party to be confidential, and that the Entry, materials, and information provided do not violate any laws or regulations. Entrant agrees that Sponsor has the right to verify the ownership and originality of all Entries and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant 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.
8. 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 must comply with these Official Rules. Sponsor and Alliance District Management Association, Inc. 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 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 prizes 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 www.blueman.com/newyorkdrumoff. 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 assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest.
9. RELEASE/LIMITATIONS OF LIABILITY: ENTRANTS 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.
10. Disputes: This Contest and the rights and obligations of Sponsor and participants will be governed by and controlled by the laws of New York, 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 New York, New York. Entrant 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.
11. WINNERS’ LIST: You may request the names of winners (available after Sunday, September 24, 2017), 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.
12. SPONSOR: Blue Man Productions, LLC, 599 Broadway, New York, New York 10012.