NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. OPEN TO LEGAL RESIDENTS OF the United States, who are band directors, leaders, or representatives, and 18 YEARS OF AGE OR OLDER.
1. Eligibility: The Metallica Marching Band Competition (the “Contest”) is open to: legal residents of the fifty (50) United States and District of Columbia who are: (i) at least 18 years of age or older, and (ii) an authorized representative of the marching band of a high school or college located in the United States or the District of Columbia, all at the time of entry. Employees, contractors, directors, officers, and agents of Metallica, D’Addario, Hal Leonard, Gator, KHS America, Sweetwater, Tama, Zildijan, or Tunespeak, LLC (“Sponsor”), and each of their parents, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Contest (“Contest Entities”), and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Tunespeak, LLC. P.O. Box 78183, St. Louis, MO, 63178
3. Contest Entry Period: The Contest begins on April 10, 2023 at 7:00 a.m. Pacific Standard Time (“PST”) and ends on November 16, 2023 at 11:59pm PST (the “Contest Period”). All entries must be received before the Contest Period end time/date to be valid.
4. How to Enter: During the Contest Period, you must do all of the following in order to receive one (1) entry (“Entry”) into the Contest:
Individuals who do not follow all of the instructions, provide the required information in their registration form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified. Contest Entry must comply with the Content requirements set forth herein to be valid. As used herein, “Content” refers to all content you submit in connection with the Contest (including, but not limited to, your Entry and any pictures, images, videos, descriptions, writings, explanations, hashtags, tag names, etc.). Sponsor reserves the right to remove any Content that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify the entrant.
All Content must be in the file formats specified on the entry website. There is no limitation on the length of the video. By submitting Content for the Contest, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein.
Limit: One (1) Entry per marching band throughout the entire Contest Period.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
5. Content Requirements: Entrants represent and warrant that their Content is the original work of such entrant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any entrant whose Content 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 Content, in a form satisfactory to Sponsor, upon request, prior to award of prize and/or naming of entrant as a Finalist.
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content 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 Content, 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.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT THEIR ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE, SOCIAL MEDIA PAGES, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor, and each of its designees, agents, clients, and authorized parties an unlimited, worldwide, perpetual, license and right to edit, publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.
All Content submitted by you must conform to the additional submission requirements set forth herein:
CONTENT POSTED TO THE WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF THE CONTEST ENTITIES 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 submission requirements as to any Content in its reasonable discretion. If you think that any Entry infringes your intellectual property rights, click here if you wish to report it https://www.tunespeak.com/tos.
Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Contest Period, to request that any entrant resubmit his or her Content which fails to comply with the Contest entry requirements prior to any judging or voting period.
6. Public Voting/Judging/Winner Notification:
All Entries will be subjected to both Judging and Public Voting:
At the end of the Voting Period, Sponsor will rank the Entries according to the total votes received. The top one (1) Entry in each category (Collegiate and High School) that receives the highest amount of votes will be deemed the Fan Favorite winner for that category.
All potential winners are subject to verification. In the event of a tie (including a tie for Fan Favorite), a new judge, selected by the Sponsor in its sole discretion, will judge the tied entries in its sole discretion based on the judging criteria set forth above to determine the winner from among the tied entries.
Voting Limit: Each individual may vote one (1) time during the entire Voting Period for each category (College and High School). If more than one (1) vote is received from the same person and/or mobile phone number during the Voting Period, all votes from said person or mobile phone number will be disregarded. Sponsor reserves the right to void all 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 sole 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 mobile phone numbers and/or VOIP phone numbers 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 sole discretion. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes 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.
Sponsor’s decisions are final and binding in all aspects of this Contest.
On or around January 1, 2024 potential winner(s) will be notified via email and via announcement on Sponsor’s social media account(s). Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will be selected in a manner deemed fair and equitable by the Sponsor. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within forty-eight (48) hours of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
7. Prizes (7): Seven prizes, including one (1) Collegiate Division 1 Prize (“Collegiate Division 1 Prize”), one (1) Collegiate Division 2 & 3 Prize (“Collegiate Division 2 & 3 Prize”), three (3) High School Prizes (“High School Prize”), one (1) Fan Favorite – Collegiate Prize (“Fan Favorite – Collegiate Prize”), and one (1) Fan Favorite – High School (“Fan Favorite – Collegiate Prize “) are available.
Limit: one (1) prize per marching band. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Representatives of Sponsor will work with each winning marching band to determine their specific needs. 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. Prizes may be subject to terms and conditions. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used.
CONTEST PRIZE RESTRICTIONS: Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes including but not limited to their quality, fitness for purpose or mechanical condition. If any prize is unclaimed within a reasonable time after notification from Sponsor or if any prize winner does not accept a prize, as determined by Sponsor in their sole discretion, it will be forfeited, and time permitting, an alternate winner may be selected from the remaining eligible entries at Sponsor’s sole discretion.
All details of the prizes will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute any prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value.
Prizes cannot be transferred or assigned to a third party by the Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of the prizes by the Winners. Prize fulfillment is conditional upon Winner’s execution and return of any and all required paperwork. Depiction of prizes in any advertising or promotional materials may not reflect the actual prize delivered. Sponsor shall have no liability in conjunction with such differences between depicted prizes and actual prizes.
8. Release: As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release the Contest Entities and their affiliates, subsidiaries, retailers, and agents, , and each of their officers, directors, employees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
9. Ownership & License: Providing Content grants Contest Entities and their agents, designees and licensee the right to publish, use, adapt, edit and/or modify such Content in any way, in any and all media, without limitation, and without consideration to the entrant. By participating or accepting a prize, winner agrees that his or her Content 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 the Contest Entities all of his/her right, title and interest in and to his/her Content, 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 the Contest Entities 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 Content. Sponsor reserves the right to alter, change or modify the winning Content, 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 Content 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 any of the Contest Entities’ rights and Sponsor may at a later time request the assignment.
10. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for the Contest Entities and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
11. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, 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 which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In the event of cancellation of the Contest, Sponsor may award the prizes from among all eligible, non-suspect entries received prior to cancellation in a manner deemed fair and equitable. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. 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 from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Binding Arbitration: Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
13. Governing Law & Jurisdiction: This Contest and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the City of Los Angeles.
15. Winner’s List: For the names of the winners, mail a self-addressed, stamped envelope to: Metallica Marching Band Winners' List Request, Tunespeak, LLC, P.O. Box 78183, St. Louis, MO, 63178 for receipt by January 31, 2024 at 11:59pm PST.