Countdown 2019: DJ / Producer

OFFICIAL RULES OF THE DISCOVERY PROJECT: COUNTDOWN 2019

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram or any other social network or platform. You understand that you are providing your information to Promotion Entities, and not to, Facebook, Twitter, Instagram or other social network or platform.

ELIGIBILITY

The Discovery Project Countdown 2019 ("Promotion") is open only to natural persons who are legal residents of the fifty (50) United States (and the District Of Columbia) who have a valid social security or tax ID number, who are at least eighteen (18) years of age, and who have a valid Soundcloud account and/or a valid Mixcloud account at the time of entry. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Promotion may only be entered from and in eligible jurisdictions. Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate or win any prize. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. All potential winners are subject to verification before any prize will be awarded. By participating in the Promotion, entrant fully and unconditionally agrees and accepts these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

SPONSOR

The Sponsor of the Promotion is Insomniac Holdings, LLC ("Sponsor").

ADMINISTRATOR

The Administrator of the Promotion is Insomniac Holdings, LLC, 9441 W Olympic Blvd, Beverly Hills, California 90212 ("Administrator").

Sponsor and Administrator are collectively referred to herein as "Promotion Entities".

PROMOTION PERIOD

Administrator's computer is the official time keeping device of the Promotion.

The Submission Period begins at 12:00 PM Pacific Time (“PT”) on November 25, 2019 and ends at 11:59 PM PT on December 6, 2019.

The Round One Original Track Judging Period begins at 9:00 AM PT on December 9, 2019 and ends at 11:59 PM PT on December 13, 2019.

The Round Two DJ Mix Judging Period begins at 9:00 AM PT on December 16, 2019 and ends at 11:59 PM PT on December 18, 2019.

HOW TO ENTER

There is one (1) way to enter:

Via Soundcloud or Mixcloud account

Follow the steps outlined below to submit an original track via Soundcloud, a link to your DJ Mix on Soundcloud or Mixcloud, and complete the Discovery Project: Countdown 2019 entry form ("Submission"). If you do not have Soundcloud or Mixcloud account, visit www.soundcloud.com and/or www.mixcloud.com to register for free. Registration for and use of the Soundcloud and Mixcloud platforms are subject to their respective terms and conditions, and Promotion Entities have no responsibility with respect to such registration or use of the platforms. Promotion Entities are not responsible for the functionality of the Platforms, including changes that may interfere with the Promotion or the ability of a potential entrant to participate in the Promotion.

Steps:

1. You must create one (1) original track ("Track") that captures or demonstrates optimal combination of originality and professionalism, and one (1) DJ Mix ("Mix") that demonstrates boldness and precision. Track must not be subject to any label or publishing contract and must not include any copyright material. Track should be a minimum of 3 minutes and maximum of 8 minutes in length, and must be submitted as an MP3 file with a minimum bitrate of 320 kbps.   Mix must be a minimum of twenty-five (25) minutes and a maximum of thirty (35) minutes in length. You must title and tag the Mix to include your Artist name and promotion name as follows: "[Artist Name] - Discovery Project: Countdown 2019" and create an accurate set list ("List") to accompany the DJ Mix upload.

2. Next, go to soundcloud.com, log into your account and follow the instructions to upload your original track to Soundcloud, and obtain the direct link to your track on Soundcloud.com. OPTIONAL: Participant will be asked to upload a cover art image for the Submission. Participant should use the cover art image that is provided here.

3. Next, go to either soundcloud.com or www.mixcloud.com, log into your account and follow instructions to upload your Mix and your List, and obtain the direct link to your Mix on either Soundcloud.com or Mixcloud.com. Next, go to https://www.insomniac.com/music/discovery-project/competitions/countdown-2019-dj-producer/ and complete the entry form to include following the instructions to upload your Soundcloud Track link and your Soundcloud or Mixcloud Mix link (“Submission”). OPTIONAL: Participant will be asked to upload a cover art image for the Submission. Participant should use the cover art image that is provided here.

You may not use any third party intellectual property in the creation of the Track or Mix. Track must be formatted to Soundcloud site requirements. Mix must be formatted to Soundcloud or Mixcloud site requirements (as applicable). Entry must be submitted by the creator. Entrant bears all responsibility for use of any “uncleared” samples. The definition of an uncleared sample is a loop, sample or other musical work for which you do not own the copyright (i.e.: you didn’t create it).

Each entrant is eligible to submit up to one (1) Promotion entry during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by you to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void your entries and you may be disqualified. Use of any repetitive, automatic, programmed or similar technology, system or agent (including without limitation promotion entry service) to enter is prohibited and will void all of your entries. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. All entries become the property of the Administrator and none will be acknowledged or returned.

As conditions of entry into this Promotion, and submitting a Submission, you warrant and represent that:

1. you own or have permission to use the Submission. You grant the Promotion Entities a perpetual and unlimited right to use, exploit, modify, and otherwise distribute the photo and your name, location, likeness & statements accompanying the Submission to promote the Released Parties without any compensation to you. Released Parties are not obligated to use, publish, display or broadcast any Submission.

2. you have the consent of each and every identifiable individual person in your Submission. In the event you cannot provide all required consents, Promotion Entities reserve the right, in their sole discretion, to disqualify your entry or to seek to secure the consents.

3. your Submission does not contain any unlicensed images or music.

4. you will conduct yourself with due regard to public conventions and morals, and shall not do or commit any act that might prejudice the Promotion Entities during any portion of the Promotion Period.

You agree that Submissions shall not contain, include or involve any of the following:

• is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights
• could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), or characterizes violence as acceptable, glamorous or desirable
• harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
• could be considered inappropriate, unsuitable or offensive, as determined by Promotion Entities in their sole discretion

PRIZE

One (1) Prize consisting of one (1) artist pass and one (1) guest pass to insomniac Countdown 2019 at NOS Event Center in San Bernardino, CA scheduled to take place on December 31, 2019; a DJ performance slot at Insomniac Countdown 2019; one (1) double occupancy standard hotel room for one (1) night with check-in on December 31, 2019 and check-out on January 1, 2020; and $500 stipend to use toward transportation and incidentals. Performance slot time to be determined and scheduled at Promotion Entities' sole discretion. Hotel room is for one night on December 31, 2019 only. All other expenses not specifically mentioned herein, including transportation and meals, are not included, are solely the winner’s responsibility. In the event that a winning submission is entered by a group or multiple individuals, only one (1) double occupancy room will be provided; and one artist pass per member, not to exceed a total of four (4) artist passes and one (1) guest pass, will be provided. Selection of hotel and room assignment is at the discretion of Insomniac and/or hotel personnel. All other expenses not specifically mentioned herein are solely the winner’s responsibility. Winner will be required to provide a credit card to hotel to cover incidentals which are not included in prize package. Winner and guest(s) must abide by all hotel, venue and festival policies. Promotion Entities reserve the right to revoke full or partial prize from any winner or winner’s guest who it or venue personnel deem may, in its sole discretion, be intoxicated, be a safety risk,  have violated any venue policy or law, or may bring Promotion Entities into disrepute. Winner and guest most be at least 18 years of age or older to attend the event and to check in to the hotel. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. government issued passport, or a valid state-issued driver’s license or Real ID-compliant license or ID, as applicable) required hotel check in and festival entry. Winner understands that there are inherent risks involved in travel and that these risks may be present before, during and after the festival. Promotion Entities are not responsible for changes in schedule of any element of the prize or for any expenses incurred as a consequence of transportation issues, cancellations or delays. Promotion Entities are not responsible and will have no liability if the winner and/or his/her guest is for any reason not permitted to travel by any applicable transportation authority or misses any travel element. An unclaimed and/or unused prize element will remain the property of Promotion Entities. Resale of tickets is prohibited. Approximate Retail Value of the Prize is: Eight Hundred Seventy Five Dollars and No Cents ($875.00), depending on number of individuals in winning submission and hotel cost at time of booking. Any difference between stated approximate retail value and actual value of prize will not be awarded.

Odds of winning the prize depends on the number of eligible entries received during the Promotion Period. There will be only one prize per winner. Lost or stolen prizes will not be replaced. The prize does not include any other item or expense not specifically described in these Official Rules, and any such additional items or expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made. Winner agrees to accept the prize "as is", and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The valuation of any prize stated is based on available information provided to Administrator. The value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid W9 form before any prize will be awarded. A Form 1099 will be issued to the winner for value of prize $600 or more.

SELECTION AND VERIFICATION OF POTENTIAL WINNER

Administrator will notify one (1) potential winner on or about December 18, 2019. Eligible entries received during the Submission Period will be judged as set forth below.

During round one, each eligible Track will be judged based on optimal combination of originality and professionalism, using a ten point scale, with ten being the highest score possible. All entries receiving nine or ten points will advance to round two ("Finalists").

During round two, each Finalist Mix will be judged based on demonstration of boldness and precision, using a ten point scale, with ten being the highest score possible. The potential winner shall be the one (1) entry that receives the highest overall combined Track and Mix scores ("Score"), as determined by the panel of Discovery Project Judges. In the event of a tie, there will be one (1) additional 24-hour Judging period during which Administrator representatives will vote to select the potential winner.

Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.

All potential winners are subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by email, phone, or direct message to the social account, as applicable. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release and a valid W9 form, which must be received by Administrator within twenty-four (24) hours of the date notice or attempted notice is sent, in order to claim a prize (if applicable). If a winner is a minor in his or her state of residency, the affidavit must also be executed by the winner's parent or legal guardian. If a potential winner of any prize cannot be contacted, fails to sign and return the required affidavit and tax documents within the required time period (if applicable), declines the prize or prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will select an alternate potential winner by random drawing from among all remaining eligible entries, up to three (3) alternate potential winners. All alternate potential winners are subject to all requirements set forth in these Official Rules. If an alternate winner declines the prize or is disqualified, the prize will not be awarded.

Potential winners are restricted from any communication (e.g., announcing, telling any other person, or posting online via website, blog or any social media platform) stating that they have been contacted or are a potential winner or winner until Administrator has fully verified eligibility and Administrator has notified potential winner that he or she has been approved to communicate winner status.

If, for any reason, your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another Promotion entry, if possible. If the Promotion, or any part of it, is discontinued for any reason, Administrator, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, or programming errors or any other reasons cause more than the stated number of prizes as set forth herein to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

PUBLICITY

Except where prohibited, participation in the Promotion constitutes your consent for Promotion Entities to use your name, social media identity, likeness, voice, opinions, hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

PRIVACY

Information submitted by you will be collected by Administrator’s systems based in the United States and such collection will be subject to applicable United States laws. You may withdraw personal data upon request; however, you will be disqualified if personal data is withdrawn prior to the determination of the winner and fulfillment of the prize. Information submitted by you is subject to Administrator’s privacy policy: http://bit.ly/LNprivacy. Your participation in this Promotion constitutes consent for Promotion Entities to use your personal information solely for the purpose of administering the Promotion and awarding the prizes, unless you have opted to receive e-mail communications from Promotion Entities.

ERRORS AND UNAUTHORIZED ACTIVITIES

In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including without limitation, fraud, virus or other technical problem, Administrator may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) cancel or terminate the Promotion and award the prizes in a random drawing from among all eligible entries received up to the time of the impairment. Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion 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 undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Administrator’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision.

RELEASE

Except where prohibited, by participating in the Promotion, you agree to release Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees (collectively “Released Parties”), from and against any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including without limitation (a) the unauthorized or illegal access to personally identifiable or sensitive information; (b) acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; (c) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (d) technical and/or communications malfunctions, errors or failures of any kind; (e) unauthorized human intervention in any part of the Promotion; (f) technical or human error which may occur in the administration of the Promotion or the processing of entries; (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt or use or misuse of any prize; (h) if Administrator must cancel or terminate the Promotion for any reason; or (i) if any prize cannot be awarded due to circumstances beyond Promotion Entities’ control. You agree that in any cause of action, the Released Parties’ liability shall be limited to the cost of entering and participating in the Promotion and in no event shall the Released Parties be liable for attorneys’ fees or other legal costs.

You acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.

DISPUTES

As a condition of participating in the Promotion, you agree that: a) any and all disputes, claims and causes of action arising out of or in connection with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of JAMS, then effective. See Administrator’s Terms of Use (http://bit.ly/LNETerms) for more information on arbitration requirements; You further agree that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, any damages whatsoever, including without limitation punitive, consequential, direct or indirect, or any other damages. Promotion Entities reserve the right to modify prize award procedures. All issues and questions concerning the validity, construction, interpretation, performance, and enforcement of the Promotion and these Official Rules, or the rights and obligations of you and Promotion Entities, shall be governed by and construed in accordance with the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

WINNER'S LIST

To obtain a list of the names of winners of prizes with a value greater than $25, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Promotion, to Discovery Project: Insomniac Countdown 2019 WINNERS LIST, C/O Insomniac, Inc., 9441 W Olympic Blvd, Beverly Hills, California 90212.

The Promotion and all accompanying materials are © 2019 Live Nation Worldwide, Inc.

Insomniac and Insomniac Countdown are trademarks of Insomniac Holdings, LLC.