2019 KXT Tiny Cake Contest — Official Rules
NO PURCHASE OR FINANCIAL CONTRIBUTION NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE NORTH TEXAS REGION, AS DEFINED BY KXT IN SECTION 3 OF THESE OFFICIAL RULES, AGE EIGHTEEN (18) OR OVER. VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE, AND WHERE PROHIBITED.
1. SPONSORS. The 2019 KXT Tiny Cake Contest (the “Contest”) is sponsored by North Texas Public Broadcasting, Inc. (“KXT”), a Texas nonprofit corporation with principal offices at 3000 Harry Hines Boulevard, Dallas, TX 75201. Additional sponsors (“Sponsors”) may be announced at any time during the Contest, at KXT’s sole discretion.
2. NO PURCHASE OR FINANCIAL CONTRIBUTION NECESSARY TO ENTER OR WIN. The Contest is a video submission contest offering the opportunity for musicians to compete for an opportunity to perform: (i) live as the opening act in the KXT Turns 10 birthday concert on November 9, 2019, at The Rustic in Dallas, TX, and (ii) on location in a video produced and distributed as part of KXT’s On the Road series.
By participating in this Contest, each participant agrees to be bound by these Official Rules and to the decisions of KXT and the judges selected by KXT, which are final and binding on all matters relating to the Contest. The Contest will operate as described below, on or about the stated dates: The Contest submission period begins at 10:00 a.m. C.T. on August 20, 2019, and ends at 11:59 p.m. C.T. on October 13, 2019 (the “Submission Period”). To be eligible, submissions must be submitted during the Submission Period and in accordance with Section 4 of these Official Rules.
The Contest judging period begins on October 14, 2019, and ends on or about October 18, 2019 (the “Judging Period”). Eligible submissions will be reviewed by up to two (2) panels of judges selected in the sole discretion of KXT and will be judged in accordance with Section 5 of these Official Rules. One Winner (as described in Section 7 below) will be selected. KXT will attempt to contact the Winner, or an alternate if necessary, in accordance with Section 6 of these Official Rules. The Winner will be publicly announced prior to the KXT Turns 10 concert on November 9, 2019.
3. ELIGIBILITY. The Contest is open only to individuals or a group of individuals (each an “Entrant”) who are all residents of the North Texas region (“North Texas”). For the purpose of the Contest, North Texas is defined broadly as KXT’s terrestrial broadcast territory and includes but is not necessarily limited to the following Texas counties: Anderson, Bosque, Collin, Cooke, Dallas, Denton, Ellis, Erath, Fannin, Freestone, Grayson, Henderson, Hill, Hood, Hunt, Jack, Johnson, Kaufman, Limestone, McLennan, Montague, Navarro, Palo Pinto, Parker, Rains, Tarrant, Van Zandt and Wise. In the event of a dispute as to an Entrant’s eligibility based on the Entrant’s (or any member of the Entrant, if a group) place of residence, KXT shall make the final determination of eligibility, in its sole discretion, based on (i) exact location of the Entrant’s residence in relation to KXT’s broadcast area, (ii) length of residence and (iii) the spirit of the Contest. Void in all jurisdictions other than those stated above, and where prohibited or restricted by law. Each Entrant (or member of an Entrant, if a group) must be at least eighteen (18) years of age at the time of entry. The following individuals are not eligible to enter or win: employees, representatives, agents, directors and officers of Sponsors and their parent, subsidiary or affiliated companies; current members of the North Texas Public Broadcasting, Inc. Board of Directors and/or Community Advisory Board; and any other parties involved in the administration of the Contest and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each.
As of August 20, 2019, and through November 9, 2019, no Entrant (or member of an Entrant, if a group) may have a current recording contract or be bound by any obligations to any third party that would conflict with the rights, or interfere with the KXT’s exercise of the rights, granted herein in accordance with Section 9 of these Official Rules.
By submitting an entry, each Entrant (or member of an Entrant, if a group) represents and warrants that there are no limits on the rights of the Entrant (or member of an Entrant, if a group) to enter this Contest, nor will any Entrant (or member of an Entrant, if a group) enter into any agreement or assume any obligation that limits the right or ability of that Entrant (or member of that Entrant, if a group) to participate in the Contest, perform or grant to KXT the specified rights as contemplated by Section 9 of these Official Rules. The Entrant (or all members of an Entrant, if a group) selected as the Winner must be available to perform in Dallas, TX, on November 9, 2019, and to perform in a North Texas city/town to be determined by KXT between October 2019 and June 2020. The exact date, time and venue of this performance will be determined by KXT in its sole discretion.
Each Entrant (or a member of the Entrant, if a group) must be the rightful owner of the email address registered with the YouTube account used to log in and upload the Video (as described in Section 4, below). In the event of a dispute as to the identity of the Winner, the Winner will be deemed to be the natural person in whose name the email account that uploaded the Video is registered with YouTube (or the group of which such natural person is a member). The “Authorized Account Holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. In the event of a discrepancy between the identity of the Authorized Account Holder, the Winner, and the Entrant (or member of the Entrant, if a group), KXT reserves the right, in its sole discretion, to determine whether the entry is valid, or to declare the entry invalid and select an alternate Winner.
Entry constitutes each Entrant’s certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements set forth in these Official Rules. KXT reserves the right to verify and confirm each Entrant’s (and each member’s of an Entrant, if a group) age and compliance with other eligibility requirements. An Entrant (or member of an Entrant, if a group) may be required to submit further information to assist in the judges’ verification of eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Each Entrant or each member of an Entrant, if a group, must appear in the Video (as defined below) to be eligible to win a prize. Any individuals who do not appear in the Video, including without limitation, other musicians or managers, will not be eligible to win a prize.
4. HOW TO ENTER. To enter, an Entrant must submit a short video under ten (10) minutes in length, depicting that Entrant’s performance of a single, original song and featuring a cake (any kind of cake!) (the “Video”). The song must be “original,” as defined by copyright law, and the Entrant must own and control all composition and publishing rights in the music. The Video must be unique, meaning it must have been created for the sole purpose of entering this Contest and not have been previously published or posted online or entered into any other contest or competition (whether sponsored by KXT or any third party). Videos must comply with the following requirements:
• Feature a cake (there must be a cake — any type of cake of any size, shape, color, flavor and/or construction — in the Video);
• Contain a song that is the Entrant’s original work (covers will not be accepted);
• Be created specifically for the Contest (videos that were submitted to any other contest or competition will not be accepted);
• Be a maximum of ten (10) minutes in length;
• Be uploaded to YouTube in any format acceptable to YouTube; and
• Comply with YouTube terms of service and specifications for user submissions and/or video uploads, located at http://www.youtube.com/t/terms, or as may otherwise be posted on YouTube’s website.
Videos must NOT:
• Contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement;
• Feature any music that is not originally written, performed and produced by Entrant; or
• Include third parties, including but not limited to minors, celebrities and friends who have not expressly authorized Entrant to display their image, likeness or voice in any submitted Video or otherwise use such image, likeness or voice in accordance with these Official Rules.
To enter, an Entrant must upload an embeddable, publicly viewable Video to YouTube on or after 10:00 a.m. C.T. on August 20, 2019. Each Entrant (or a member of Entrant, if a group) will be required to sign-in to YouTube to post a Video; if an Entrant (or a member of an Entrant, if a group) does not already have a YouTube account, Entrant (or a member of Entrant, if a group) will be required to create one. After uploading a Video, an Entrant (or any member of an Entrant, if a group) must complete the submission form available at http://kxt.org/tinycake (the “Submission Form”). On the Submission Form, each Entrant must provide: his or her name (or the name of all members of an Entrant, if a group); the name of the Entrant’s group, if applicable; the name of the songwriter or songwriters; a link to the Video hosted on YouTube; the music genre of the Video; an email address and zip code for the Entrant; the name of the individual who recorded the Video, and an e-mail address to contact that individual; a certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements stated in Section 3 above and agree to the terms of these Official Rules; and a certification that the videographer has granted KXT an unlimited and irrevocable right and license to use the Video on a gratis, royalty-free basis in any media and in any manner, for any purpose, including the right to mix the Video with other videos or elements, or to make derivative works.
All Submission Forms must be received during the Submission Period between 10:00 a.m. C.T. on August 20, 2019, and 11:59 p.m. C.T. on October 13, 2019. KXT’s clock is the official timekeeping device for the Contest. KXT is not responsible for late or unsuccessful attempts to enter. An Entrant should be able to provide, within three (3) days of request by KXT or any judges selected by KXT, all appropriate clearances, permissions, and releases for the Video to be made publicly available and used by KXT in any media and for any purpose, including signed releases from the Entrant, the videographer and any third parties appearing in the Video. Incomplete, corrupted, untimely or unintelligible Videos or Submission Forms will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Entrant’s sole remedy is another entry in the Contest to the extent the submission of an additional entry is deemed feasible by KXT in its sole discretion. KXT reserves the right to determine, in its sole discretion, which entries have satisfied the entry requirements. An Entrant may only submit one entry. AN ELIGIBLE ENTRANT MUST SUBMIT AN ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
By entering, each Entrant represents and warrants that such Entrant’s entry (and KXT’s and its designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party, and does not and will not violate any federal, state or local laws or ordinances. Each Entrant further represents and warrants that such Entrant has secured the requisite consent from any third party referenced or appearing in such Entrant’s Video, any other musicians appearing in the Video, and any individual who created the Video. KXT reserves the right, in its sole discretion, to disqualify any entry if KXT or the Contest judges cannot establish that such entry complies with the Video requirements and other terms of these Official Rules. KXT further reserves the right to request that an Entrant re-shoot, edit or re-submit a Video that KXT believes may violate third-party rights, although KXT has no obligation to make such a request or to notify any Entrant of any potential or suspect infringements or violations of third-party rights. KXT further reserves the right, in its sole discretion, to disqualify any Video it believes is not consistent with the spirit and theme of the Contest.
5. JUDGING PERIOD. The Judging Period begins on October 14, 2019, and ends on or about October 18, 2019. There will be two (2) rounds of judging. Initially, all Videos that meet the Video requirements listed in Section 4 above will be reviewed by a panel of preliminary judges selected in KXT’s sole discretion, which will consist primarily of members of KXT’s staff (the “Preliminary Judges”). Videos will be judged on the following criteria:
40% – Musical Quality and Appeal
40% – Originality
20% – Stage Presence and Charisma
The Preliminary Judges will select approximately ten (10) Videos as finalists. A panel of judges selected by KXT in its sole discretion (the “Final Judges”) will then judge these finalists and select a single potential Winner based on the following criteria:
40% – Musical Quality and Appeal
40% – Originality
20% – Stage Presence and Charisma
6. WINNER NOTIFICATION AND ANNOUNCEMENT. The potential Winner, as determined by the Final Judges, will be notified by email and phone (via the email address and phone number listed on the Submission Form) prior to the KXT Turns 10 concert on November 9, 2019, and will be required to respond (as directed) to the notification attempt. Failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, KXT will select an alternate Winner according to the Final Judges’ results. The potential Winner (or all members of the potential Winner, if a group) will be required to execute and return a notarized affidavit of eligibility and liability/publicity release (where legally permissible) and other documents required by KXT within a reasonable amount of time, as determined by KXT in its sole discretion, including, but not limited to, KXT Turns 10 Concert Performance Release. If the potential Winner cannot be contacted by e-mail after the first attempt, or if the potential Winner (or any member of the potential Winner, if a group) fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the potential Winner (or any member of the potential Winner, if a group) is unavailable to travel within the dates specified by KXT, the potential Winner will be disqualified and an alternate entry will be selected in its place from all eligible entries received according to the judging criteria described above. KXT reserves the right to extend or modify the winner notification and announcement schedule as KXT deems necessary in is sole discretion to complete the verification process contemplated by these Official Rules and/or to select an alternate Winner.
7. PRIZES. One (1) “Grand Prize”: The Grand Prize winning Entrant (including all members of the winning Entrant, if a group) (the “Winner”), will receive: the opportunity to perform live at : (i) live as the opening act in the KXT Turns 10 birthday concert on November 9, 2019, at The Rustic in Dallas, TX, and (ii) on location in a video produced and distributed as part of KXT’s On the Road series. These performances are referred to collectively as the “Performances.” KXT will determine, in its sole discretion, the set length of the Performance on November 9, 2019. The exact dates, times and venues for the Performances will be determined by KXT in its sole discretion. The Winner also will receive a cash prize of $500.00 (USD), courtesy of The Rustic, to be paid in one lump sum, delivered by check upon completion of the Performance on November 9, 2019.
As Performances have no retail value, the Grand Prize has a total fair market value of $500.
In no event will more than one (1) Grand Prize be awarded.
From time to time, KXT may choose to promote the Contest by asking the public to “like” and/or “share” their favorite Video from a group of publicly viewable videos on the KXT Tiny Cake Contest webpage. Such activities will be for promotional purposes only, and the Video that receives the most “likes” or “shares” from such a promotion will not receive any prize or grant of rights from KXT.
Each Entrant agrees that KXT may share information submitted by Entrant with other Sponsors or any other person or entity for any purpose relating to the Contest, its promotion, the coordination of live events based on the Contest, or the exercise of Sponsors’ rights contemplated in these Official Rules.
8. PRIZE RESTRICTIONS. The Winner (or each member of the Winner, if a group) will be solely responsible for any and all federal, state and/or local taxes, and all fees and expenses resulting from acceptance of any and all prizes associated with this Contest. The Grand Prize cannot be transferred or assigned to another person. No prize substitution or changes are allowed except at the discretion of KXT. The Grand Prize cannot be substituted or redeemed for cash. All prizes are subject to availability. The Grand Prize is provided “as is” without warranty of any kind. No refunds or credit for changes are allowed, and no refunds or compensation will be made in the event or delay of any flight or portion of it.
With respect to any musical equipment the Winner requires to perform, the Winner is solely responsible for shipping or transporting any equipment necessary to perform at each of the Performances. KXT may decide, in its sole discretion, to provide or transport equipment where feasible, but KXT has no obligation to do so.
In the event a Winner (or any member of the Winner, if a group) engages in behavior that (as determined by KXT in its sole discretion) is obnoxious or threatening, illegal, intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or goodwill of Sponsors or any of Sponsors’ services, products, trademarks, service marks, or logos, KXT reserves the right to terminate the Performances early, with no further obligations or compensation whatsoever to Winner, which may, in KXT’s sole discretion, result in Winner’s disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event the Winner (or any member of the Winner, if a group) engages in behavior during any of the Performances that (as determined by KXT in its sole discretion) is illegal, tortious or subjects the Winner to arrest or detention, KXT will have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner as a result of such conduct.
In the event that all members of the Winner (if a group) who performed in the Video are unable to travel or perform in connection with all of the Performances contemplated by these Official Rules, KXT reserves the right, in its sole discretion, to (i) disqualify the Winner and cause the Winner to forfeit all remaining prizes; (ii) cancel the affected Performance without any obligation to provide a substitute performance opportunity or other compensation to the Winner; or (iii) allow the Winner to substitute a new eligible performer for the missing group member subject to the execution by such performer of any affidavits of eligibility, releases and other agreements that KXT may require.
KXT WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF THE WINNER’S ACCEPTANCE OR USE OF THE GRAND PRIZE.
9. GRANT OF RIGHTS. In consideration of an Entrant’s Video being reviewed and evaluated for this Contest, each Entrant (and all members of an Entrant, if a group) hereby grants to KXT a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Video, or any portion thereof, or the musical composition contained therein, in any media now known or hereafter devised and for any purpose, including advertising or promotions, and to use the name, likeness, voice, biographical information, and image of Entrant (and all members of an Entrant, if a group) and any other persons who appear in such Entrant’s Video in any media now known or hereafter devised and for any purpose, including advertising or promotion of KXT or any other person or entity at KXT’s discretion.
By entering the Contest, each Entrant warrants that the videographer who recorded that Entrant’s Video has granted to the Entrant a transferable license to the Video, and that the Entrant transfers to KXT the right to use the Video, or any portion thereof, including the right to make derivative works or to mix the Video with other videos or elements, in any media for any purpose. Entrant expressly waives any moral rights in the Video. Each Entrant also grants to KXT a non-exclusive, perpetual, sub-licensable, worldwide and royalty-free right to use the musical composition performed in the Video for any purpose, whether with the Video or separate, and grants to KXT any synchronization, mechanical or public performance rights necessary to use the music or Video in any media (including platforms that may not have PRO licenses) and for any purpose. Each Entrant authorizes KXT and any entities affiliated or in privity with KXT to utilize, for eternity and in any manner they see fit, the Video, and to make derivative works from such materials.
Each Entrant releases KXT, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Entrant’s Video to KXT for purposes of the Contest, will not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law or other special relationship between KXT and Entrant, does not place KXT in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Video, and that the only contracts, express or implied, between KXT and Entrant are as set forth in these Official Rules and the release forms. The Winner may be required to complete and execute additional documents and have third parties execute KXT’s documents in connection with the rights granted to KXT as a condition of prize acceptance. In addition, by participating in the Contest and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for KXT to use Entrant’s Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image, for all members of the Entrant, for the purpose of advertising, trade or promotion without further notice, permission, compensation or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law.
10. ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION AND RELEASE. By entering, each Entrant represents and warrants that: (i) the music in Entrant’s Video is completely the original work of the Entrant and was created solely by the Entrant; (ii) the Video is an original work and is not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, and that the videographer agrees to grant to KXT an unlimited, unrestricted right and license to use the Video for all purposes in all media and as described herein; (iii) the Video is not in the public domain; and (iv) the Video is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity or any other rights, of any kind or nature, of any other person or entity. Each Entrant agrees to indemnify and hold harmless KXT for any breach of the above representations. By submitting an entry, each Entrant agrees to indemnify, release, discharge and hold harmless KXT and its parent company, affiliates, subsidiaries, promotional partners and agents, and all others associated with the development and execution of this Contest, and the officers, directors and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including, without limitation: (a) claims for injury, loss or damage of any kind resulting from participation in this Contest or acceptance or use of any prize; and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright and/or trademark infringement relating to the submission or exploitation of the Entrant’s Video.
Each Entrant further agrees to release YouTube from any and all liability associated with this Contest or receipt or use of any prizes.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. GENERAL TERMS AND CONDITIONS. KXT reserves the right to terminate, modify or suspend this Contest due to any of an act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government, governmental instrumentality or tribunal; strike, lockout or other labor dispute; inclement weather; the recapture of any time period scheduled for the live broadcast of a program for an event of national importance or emergency; failure of technical facilities; failure of third-party software or services; failure of essential production or technical personnel to appear or be available for production or broadcast; or other cause beyond KXT’s control. KXT is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or judging of entries.
KXT WILL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
KXT RESERVES THE RIGHT TO CHANGE ANY TERM OF THESE OFFICIAL RULES OR TO ADDRESS ANY ISSUE THAT ARISES WITH UPDATES OR AMENDMENTS TO THESE OFFICIAL RULES AT ANY TIME UP TO THE DATE THAT A WINNER IS SELECTED.
ALL DECISIONS BY KXT AND ITS JUDGES ARE FINAL AND BINDING.
12. GOVERNING LAW. This Contest is governed by the internal laws of the state of Texas without regard to principles of conflict of laws. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the state of Texas.
14. OFFICIAL RULES AND WINNERS. For a copy of these Official Rules, visit http://kxt.org/tinycake. The name(s) of the 2019 Winner(s) will be posted at http://kxt.org/tinycake for at least 60 days after November 9, 2019. For the name(s) of the 2019 Winner(s) after this period, contact KXT’s Audience & Member Services Department at (214) 740-9272.
This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. Any questions, comments or complaints regarding this Contest should be directed to Sponsors and not to YouTube.