April 22, 2019

The Champion Rap Contest Official Rules

The Champion Rap Contest

Official Rules
No Purchase Necessary to Enter or Win. A Purchase will Not Increase Your Chances of Winning.

1) Eligibility:
The Champion Rap Contest (hereafter, “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico and all other U.S. territories) and Canada (excluding Quebec) and the United Kingdom 13 years of age or older who have purchased a ticket to attend Carrie Underwood’s The Cry Pretty Tour 360 concert prior to the date of entry. All eligible minor entrants should have his/her parent’s or legal guardian’s permission to participate in this Contest. Void in Puerto Rico, and all other U.S. territories, Quebec and where prohibited by law. All applicable federal, state and local laws apply. The information you provide will only be used for Contest purposes.

2) Promotion Period:
Contest begins 10:00AM Pacific Time (“PT”) on Tuesday, April 23, 2019 and continues through 11:59PM PT on October 24, 2019 (hereafter, “Promotion Period”).

3) How to Participate:
To participate, as outlined in the “How to Submit Entry” section (section 4) below, submit a video of yourself, singing the full rap from Carrie Underwood’s song, “The Champion”. Video must be in a .mpeg, .mov, .wmv, .avi, .mp4 or .flv format or YouTube link and in an acceptable file size. Aside from singing over the lyrics and corresponding instrumentals of the full rap from The Champion song, it will be permitted for videos to be submitted executing the full rap with musical instrument accompaniment, acapella (with no background music), and/or singing with additional individuals (that you’ve received permission to include) in the video.

Video and information provided with submission shall be collectively referred to hereafter as the “Entry”. Video must be (i) an original, on which no image editing software has been used (except for as otherwise outlined in section 4 below); (ii) saved in the file formats and size limitations outlined above; and (iii) recorded by you. Entry cannot have been previously submitted in any competition or have won any previous awards, and must be (i) complete, (ii) in English (including background signs, posters, etc.), (iii) your original recording of the song and solely owned by you. In addition, to be eligible, Entry must not include any unauthorized third party logos or any other third party intellectual property or general property other than Carrie Underwood’s name or The Cry Pretty Tour 360 logos (collectively, the “Permitted Marks”) as specifically permitted hereunder. Entry cannot defame, or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entry may also not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic; contains nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; misrepresents or contains disparaging remarks about any persons or companies; contains any personal identification (other than as provided on the email submission) such as personal names or addresses; contains copyrighted materials owned by others (other than the Permitted Marks) without permission; contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, without permission; contains look-alikes of celebrities or other public or private figures, living or dead; communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or violates any law. Entries deemed by the judges, in their sole discretion, to be immoral, obscene, profane or not in keeping with Sponsor’s image or in violation of these Official Rules will be void. In the event of non-compliance with any requirements specified herein or with any of the terms of these Official Rules, Entry will be void.

If Entry contains any other individuals, material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry (and, if such person is a minor, permission from that person’s parent or legal guardian). Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, in Sponsor’s sole discretion, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any person(s) appearing or who are identifiable in the Entry consent to the submission and use of the Entry in this Contest and to its use as otherwise set forth herein.

Sponsor grants to entrants a limited revocable, non-sublicensable, license to use Permitted Marks for the sole purpose of creating an Entry and entrant may make no further use whatsoever of Permitted Marks or the Entry for any other purpose. In addition, entrant recognizes all of the right, title, and interest in the Permitted Marks as well as all derivative works created using the Permitted Marks (including the Entry) shall vest exclusively with Sponsor, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to Permitted Marks except for the limited license granted to entrant in these Official Rules is transferred or created. By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including the copyright thereto and all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.

By submitting an Entry, entrant (if an eligible minor, his/her parent or legal guardian) hereby grants Sponsor, without any limitation of any other rights granted herein, permission for the Entry to be posted on www.carrieunderwood.fm or on other websites or in any media, as determined by Sponsor in its sole discretion, for advertising, trade, promotional, and/or any other purposes. Entrant agrees that Released Parties are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry.

By submitting an Entry, entrant (if an eligible minor, his/her parent or legal guardian) acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and/or other contests staged and/or promoted by the Sponsor, and that such Entries may be similar or identical in sound, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant (if an eligible minor, his/her parent or legal guardian) waives any and all claims entrant may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Entry, or that any compensation is due to entrant in connection with such Entry or other works used by Sponsor.

4) How to Submit Entry:
During the Promotion Period, there are three (3) ways to enter;

(a) Online Entries: Go to the “The Champion Rap Contest” page of the fan club website at www.carrieunderwood.fm. Then, follow the “To Enter” instructions and click on the “Submit Entry” button once you have completed the entry form and uploaded your video. If online entry is not available, please enter via email or regular mail, as described below.

(b) Email Entries: Go to the “The Champion Rap Contest” section of the website at www.carrieunderwood.fm. Then, follow the “To Enter” instructions, and send an email to carrieunderwoodsupport@sparkart.com with all required information listed on the website (and with your video attached). If email entry is not available, please enter via online entry, as described above, or via regular mail, as described below.

(c) Mail Entries: Mail a business envelope with proper postage containing all of the required information listed on the website (i.e., full name, shipping address, telephone number with area code, email address, and username to The Official Carrie Underwood Fan Club) and a copy of your video CD or flash drive to: The Official Carrie Underwood Fan Club, c/o The Champion Rap Contest P.O. Box 1346, Oakland, CA 94604.

All entries (whether submitted online, by email or mail) must be received no later than seven (7) days prior to The Cry Pretty Tour 360 concert the entrant desires to be eligible for (see www.carrieunderwood.fm for full listing of participating concert dates) regardless of method of entry. For example, if entering for the September 10, 2019 concert, the entry must be uploaded by 11:59PM PT on September 3, 2019. No facsimiles or mechanically reproduced entries (other than the electronic transmission of the online entry or entry via email) will be allowed. Limit one (1) entry per person regardless of method of entry. In the event that there is more than one (1) entry from the same person, Sponsor may disqualify the person in question. Each mail-in entry must be mailed in a separate outer mailing envelope. Sponsor Is not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected or postage due entries. Sponsor reserves the right to cancel, terminate, or modify any entry not capable of completion as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. Upon submission, all entries and Submissions (if applicable) become the property of Sponsor and its Agents and will not be returned.

Incomplete, inaudible Entries and/or Entries containing inaccurate entrant information will be disqualified at Sponsor’s sole discretion. The use of script, macro or any other device to automate or subvert the entry process is prohibited and all such Entries and Entries made by any other means which subvert the entry process will be void. In the case of a dispute as to the entrant who submitted an Entry, Entry will be deemed made by the person named in the applicable email submission (regardless of whether that is the name of the authorized account holder of the email address from which said Entry was submitted) and he/she must comply with these Official Rules. Other than as otherwise specified herein, neither Sponsor, nor anyone acting on its behalf, will enter into any communications with any entrant regarding Entry status (except for the purposes of notifying the Winners) or acknowledge any Entry (or portion thereof) received. Any Entry not meeting all Entry requirements stated herein will be void.

5) Judging and Winner Notification:
All eligible Entries received for each The Cry Pretty Tour 360 concert date will be judged on the following criteria by Sponsor: 1) Quality of Performance and Presence: 0-50 points; and 2) Quality of Voice and Projection: 0-50 points (collectively, the “Judging Criteria”). The one (1) Entry for each The Cry Pretty Tour 360 concert date with the highest score, as determined in by the judges in their sole discretion, will be deemed a potential Winner. Sponsor reserves the right not to award a Winner for any The Cry Pretty Tour 360 concert date if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries for an applicable The Cry Pretty Tour 360 concert tour date.

In the event of a tie, the tied Entries will be re-judged based on: Quality of Performance and Presence: 0-100 points. By participating, entrants (and, if eligible minors, their parents/legal guardians) agree to abide by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters relating to this Contest.

Further proof or verification of identity and qualifications may be required along with a background check. Failure to comply may result in disqualification and, based on the criteria described above and time permitting, selection of another Winner. Winners must be prepared to travel at their own expense to participate on stage at the applicable The Cry Pretty Tour 360 concert on the date and time designated by Sponsor or Winner(s) will forfeit their right to participate, and a runner-up potential Winner may be chosen for the applicable tour date, time permitting.

Noncompliance with any of the foregoing, with these Official Rules, the inability to contact a potential Winner within a reasonable time period, any notification being returned as non-deliverable or a potential Winner’s inability to uphold the Winner responsibilities as outlined in these Official Rules, may result in disqualification and, at Sponsor’s discretion, a runner-up being chosen for the applicable tour date. Winner status is subject to verification of eligibility and compliance with these Official Rules.

Potential Winners will be notified by email and/or telephone on or about seven (7) days prior to the applicable The Cry Pretty Tour 360 concert in question. Potential winners will be required to sign and return an Affidavit of Eligibility (or Declaration of Eligibility if an eligible resident of Canada) and Publicity/Liability Release (where lawful) within 7 days of the date of notification, in which the Winner will acknowledge that their Entry is a “work for hire” and will irrevocably transfer to the Sponsor any and all rights, title, goodwill and interest in and to the Entry, including without limitation, all copyrights, trademarks and waive all moral rights in such Entry. If the Affidavit of Eligibility (or Declaration of Eligibility) and Publicity/Liability Release is not received within 7 days of the date of notification, the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected for the applicable concert date. Sponsor reserves the right to require a potential winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring the Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably as determined by the Sponsor in their sole discretion. A Winner who is an eligible minor in his/her state or province of residence must have all required paperwork completed and signed by his/her parent or legal guardian within the time period specified above, or the prize may be forfeited (at the sole discretion of Sponsor and its Agents) and an alternate winner selected for the applicable concert date.

6) Prizes (One (1) per The Cry Pretty Tour 360 Concert tour date):
Upon verification of eligibility and compliance with these Official Rules, each Winner will receive the opportunity to perform the rap portion of “The Champion” live on stage with Carrie Underwood at The Cry Pretty Tour 360 concert for which the winning entry was submitted (the “Experience”). Winners will be responsible for tickets, any/all transportation, and accommodations (If applicable) associated with attending the applicable The Cry Pretty Tour 360 concert. Approximate Retail Value (“ARV”) = $0. If winner is an eligible minor, the parent or legal guardian, who will be required to (i) fulfill all requirements imposed on winner set forth herein; and (ii) accompany minor winner to the concert (or identify a guardian at least 21 years of age who will accompany minor at the concert). All prize details surrounding the on-stage performance are at Sponsor’s sole discretion.

Experience must be completed on the date & time specified by Sponsor or prize will be forfeited in its entirety & time permitting, may be awarded to a runner-up at Sponsor’s discretion. Experience, and each winner’s participation during Experience, may be recorded (including film or video tape or photography) by Sponsor or its designees (“Footage”). Footage will be owned by Sponsor. Sponsor and its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including any names, likenesses, any oral or written statements made by winner and winner’s performance embodied therein, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, promotional, trade & other purposes without compensation to or permission from winner. Experience participation is subject to supervision and security and other policies designated by Sponsor. Sponsor does not guarantee that any prize element will be broadcast or otherwise be made available to the public. Minor Winner(s) (if applicable) must be accompanied by a parent or guardian. Winner agrees to timely provide any information as may be required for Sponsor to comply with any federal, state, and local tax reporting, filing or withholding obligations related to such taxes. Winners agree to comply with all venue rules and regulations and, in accordance therewith, agree not to act in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other person at the designated concert and/or Experience. Failure to do so may result in forfeiture of such portion of the prize and removal from concert and/or Experience. Winner will be escorted out of venue by Sponsor or its designated agent(s) for improper conduct and/or violation of federal, state or local laws (including, but not limited to, the unlawful possession, use, or distribution of illicit drugs, unlawful drug paraphernalia, and alcohol), as Sponsor determines in its sole discretion, and will forfeit his/her prize. Other than the details of the Grand Prizes outlined above, Released Parties have no additional obligations or commitments to the Grand Prize winners. All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, any/all transportation, ticket purchase costs, accommodations, food, beverages, souvenirs, gratuities are winner’s sole responsibility.

7) Miscellaneous:
Released Parties are not responsible for lost, incomplete, invalid, unintelligible, inaccurate, undeliverable, garbled, late, stolen, damaged or misdirected Entries, emails or mail, all of which will be disqualified; failures or malfunctions of phones, phone lines or telephone systems or other communications or malfunctions; interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrants’ or any other person’s computer or other device related to or resulting from participation in the Contest; theft, destruction or unauthorized access to, or alteration of, Entries; or human-processing error; printing, typographical or other errors or omissions in these Official Rules or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, network, electronic; or errors which may occur in connection with the administration of the Contest, the incorrect uploading or submitting of Entries or emails, the processing or judging of Entries, the cancellation or postponement of any concert or Experience, the awarding or announcement of the winners, or in any other Contest-related materials. Sponsor reserves the right to void and remove any and all Entries of an entrant who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, judging or proper play of Contest and such entrant will be disqualified and all associated Entries will be void. No transfer, assignment, cash redemption, or substitution of prize (or portion thereof) is permitted except by Sponsor, who reserves the right to substitute the prize (or applicable portion thereof) with one of comparable or greater value, at its sole discretion and except as otherwise provided herein. By participating, entrants (if an eligible minor, his/her parent or legal guardian) agree to be bound by these Official Rules & agree that: 1) Sponsor and its designees may use (unless prohibited by law) entrant’s name, city and state of residence, Photo, Video, Entry, any recording (voice, film or video) or photograph, any oral or written statements, and/or likeness for advertising, trade and/or any other purposes in any media now or hereafter known throughout the world in perpetuity, without further compensation, permission or notification, 2) Sponsor reserves the right to conduct a background check and entry in the Contest constitutes entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, entrants shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify any entrant based on the results of the background check or failure of the entrant to properly authorize such check, and 3) the Released Parties shall have no liability and will be held harmless by entrant for any claim, action, liability, loss, injury or damage to entrant or any other person or entity, including, without limitation, personal injury or death to entrant or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize, participation in the Experience and any activity related thereto or participation in this Contest. Sponsor reserves the right, in its sole discretion, to modify, suspend, and/or terminate this Contest (or portion thereof) for any reason, including should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest or for any other reason and, in the case of termination, at its discretion, select the winners for the concerts in question from all eligible non-suspect entries received for the applicable concert dates prior to the event that required such termination. CAUTION: Any attempt to deliberately damage the website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys’ fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law.

8) Winner’s Names:
For the names of the winners send a request via email to carrieunderwoodsupport@sparkart.com or mail a letter request and self-addressed stamped envelope to: The Official Carrie Underwood Fan Club, c/o The Champion Rap Contest P.O. Box 1346, Oakland, CA 94604. Requests must be received by October 31, 2019. To obtain a copy of these Official Contest Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, The Champion Rap Contest.

Sponsor: Twang Inc., c/o Gelfand Rennert & Feldman LLC, 1920 Adelicia St. #300, Nashville, TN 37212.