NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE LAWS APPLY. MUST BE 21 OR OLDER TO ENTER. YOUR ENTRY MUST COMPLY WITH THE CONTENT GUIDELINES IN THESE OFFICIAL RULES. SECTION 7 OF THESE RULES REQUIRES YOU TO AGREE TO BINDING ARBITRATION FOR ANY CONTEST DISPUTES. ONE ENTRY PER CONTESTANT.
The Contest (as defined below) is sponsored by SUNBURN DJ Battle 2020 (“Sponsor”).
1. KEY TERMS:
The following key terms are applicable to the Contest:
CONTEST
SUNBURN DJ Battle 2020 (the “Contest”)
ENTRY PERIODS
Round 1 of The Contest begins at 3:00 PM Pacific Standard Time (“PST”) [5/1/20] and ends at 11:59 PM EST [5/22/20] (the “Contest Period”).
Round 2 of The Contest will be announced on 5/25/20.
The LIVE Final Round of The Contest will take place on the SUNBURN Pool Lounge Instagram. The date and time will be confirmed during Round 2.
PRIZES
The prizes to be awarded (each, a “Prize” and collectively, the “Prizes”) are:
FIRST PLACE:
Headlining set at SUNBURN Pool Lounge*
Flight and hotel stay for headlining set
Guest DJ spot on SUNBURN Radio, Pitbull’s Globalization Radio on SiriusXM, Channel 13
2. ELIGIBILITY:
Subject to these Official Rules, the Contest is open to anyone in the world and is at least 21 years old, as of the date of entry.
3. HOW TO ENTER: Enter the Contest by completing each of the following steps:
Shoot an engaging 5 minute video of your best DJ set.
Upload your video to IGTV with your title formatted as follows: Your DJ Name – #SUNBURNDJBattle. Tag @sunburnpool and @therostermgmt.
Fill and submit the Enter The SUNBURN DJ Battle form on djbattle.sunburnpool.com
Content Guidelines
To be an eligible entry in this Contest, your entry may not contain any content that the Sponsor, in its sole discretion, determines to: (a) be offensive; (b) be derogatory of any race, ancestry, place of origin, color, ethnic origin, citizenship, religion, sex, sexual orientation, age, marital status, family status or disability; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about other people, products or companies; (c) be violent or promotes the use of, illegal drugs or weapons; promotes unsafe activities; (d) promote any political agenda or message, or promote any other commercial service or application; (e) appear to duplicate any other submitted entry; (f) contain any 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 infringement; (g) contain any identifiable names or markings of any third party, including, but not limited to, trademarks, logos, or insignia, including brand names of any products, except those owned by Sponsor; (h) contain any personal identification, such as persons’ names, e-mail addresses, street addresses or license plate numbers, of another person without his or her consent; (i) communicate messages inconsistent with the positive image of Sponsor’s name; (j) contain a watermark from a videographer; (k) violate any law; or (l) include or refer to any third parties, including but not limited to others than yourself, singers, bands or celebrities, who have not expressly authorized such inclusion or reference.
Sponsor reserves the right to reject any entry which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any content from the Website without prior notice.
License to Sponsor to Use Your Entry
By entering this Contest, entrants grant Sponsor and its designees a nonexclusive, royalty-free, fully paid up, worldwide, perpetual, irrevocable, sublicensable license to use, reproduce, display, distribute, modify or adapt the entry submitted by each entrant (including, without limitation, the names and likenesses of any persons or locations embodied therein) and any derivative works in any form for any purpose, in all media, whether now known or hereafter devised, as Sponsor may choose, without compensation or notice to, or review or approval by, the entrant.
Sponsor is not liable for the use of any entry by any third party. You acknowledge and agree that Sponsor has no, nor shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to any entry.
Your Representations
By entering this Contest, you represent and warrant with respect your entry that (a) you have read and agree to all terms and conditions set forth in the Official Rules stated herein; (b) you are at least 21 years of age as of the date of contest entry; (c) you are the sole owner of your entry and have all rights in your entry; (d) you have the right to submit the entry and to grant to Sponsor all rights in the entry herein granted upon the terms and conditions set forth herein; (e) your entry and every part thereof consists of only your original work and no part of your entry has previously been published anywhere else or won any prize or award, and does not infringe upon the copyrights, trademarks or other intellectual property or other rights of any person or entity; (f) you have not granted any person, or other entity any rights to use your entry and you are not under any contractual obligation, employment obligation, right of first refusal or other obligation to provide the entry to anyone else; (g) your entry meets the above criteria in this “How to Enter” Section; (h) your entry does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; and (I) your entry does not violate any law. By submitting an entry, you warrant and represent that you consent to the submission and use of the entry in the Contest and you agree to indemnify and hold Sponsor harmless from any breach of your representations under these Official Rules.
Entrant Identity
The owner of the email account and Instagram account used to submit an entry will be considered the entrant. Submission of erroneous or incomplete information will void the submitted entry. The copy of the content entered becomes the property of Sponsor and will not be acknowledged or returned. Potential winners may be required to show proof of identity or forfeit the prize. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or automated entry software) will be disqualified. Each entrant is limited to submission of one entry per contest.
Additional Terms Bearing on Entry
By entering the Contest, you agree that any information provided by you or collected by Sponsor in connection with the Contest may be used by Sponsor in accordance with Sponsor’s Privacy Policy and Sponsor’s Terms of Use. Your submission(s) in the Contest will also be publicly visible to other users of the website.
Sponsor expressly reserves the right to disqualify any entries that it believes in good faith are generated by an automated means or scripts. Entries generated by script, macro or other automated means may be disqualified.
By entering the Contest, you agree to be contacted by SUNBURN Pool Lounge, Gaslamp District Media, and their affiliates. You will have the opportunity to opt out of further communication after contact has been made.
4. JUDGING; FINALIST & WINNER SELECTION:
ROUND ONE FINALISTS: Sponsor or Sponsor’s designee(s) will judge the Contest entries and select ten (10) judged finalist(s). Entries will be judged based on creativity, skill, live music editing and performance, in the sole opinion of the judge(s) designated by Sponsor. The ten (10) entries selected by judges will be eligible to submit an additional 5-minute set via Instagram TV to be judged. The deadline for Round 2 is TBD.
ROUND TWO FINALISTS: Sponsor or Sponsor’s designee(s) will judge the Contest entries and select two (2) judged finalist(s). Entries will be judged based on creativity, skill, live music editing and performance, in the sole opinion of the judge(s) designated by Sponsor. The two (2) entries selected by judges will be eligible to participate in the final live battle on the SUNBURN Instagram. The date of the finals will be announced during Round 2.
WINNER SELECTION: Contestant Finalists will be judged at the final live battle on the SUNBURN Instagram based on originality, creativity, quality of production, performance and crowd comments. Only the first place winning contestant will be eligible to be awarded the Prizes subject to the “Prize” terms of these Official Rules.
5. PRIZE:
The Prizes are set forth in the first section of these Official Rules.
Decisions of Sponsor are final and binding with respect to all matters related to the Contest. In no event shall Sponsor be obligated to award any prizes other than the Prizes specified in these Official Rules. Sponsor does not guarantee that the Prizes can be made available to, or claimed by, any winner. Prizes are not assignable and not transferable and no substitutions are permitted. In addition, if a Prize is unable to be fulfilled to the winner due to any applicable law, rule or regulation in the jurisdiction where the winner resides, or if the winner cannot claim a Prize for any reason, then Sponsor reserves the right to not award the Prize at all. The winner shall be responsible and liable for all international, federal, state and local taxes on the value of the Prize. Unclaimed Prize may not be awarded. Sponsor will not replace lost or stolen Prizes.
6. GENERAL CONDITIONS AND LIABILITY RELEASES:
By entering the Contest or by accepting a Prize, you agree to conform to all applicable federal, state and local laws and regulations.
An entrant or winner may be disqualified from the Contest, and the entry may be removed, if he or she fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner in connection with an entry; (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant’s ability to participate in the Contest; (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest; or (5) any warranty with respect to any Prize or any component thereof. THE CONTEST IS PROVIDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE CONTEST.
NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, SPONSOR SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS CONTEST OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS) (B) AMOUNTS IN EXCESS OF THE PRIZE, (C) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (D) ANY MATTER BEYOND SPONSOR’S REASONABLE CONTROL.
By entering the Contest, you agree to and hereby do release and hold harmless Sponsor, their respective owners, parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession and/or use of any Prize or your participation in this Contest, or from any misuse or malfunction of any Prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter, and indemnify each of the Released Parties from any damages arising therefrom. Any person attempting to defraud or in any way tamper with this Contest may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper operation of the Contest. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Website to such effect, and may elect to award the Prize based on eligible entries received prior to the date of cancellation.
7. DISPUTE RESOLUTION: AGREEMENT TO ARBITRATE:
This Contest shall be governed by the laws of the State of California, USA, without regard to its conflicts of laws provisions. By participating in this Contest, you agree (a) any and all disputes, claims and 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 (b) that any dispute arising from or relating to this Contest shall be determined by binding arbitration only in San Diego, California, by and under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction to enforce these Official Rules. If any provision of these rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these rules otherwise remain in full force and effect and enforceable.
8. PUBLICITY RELEASE:
Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, entries, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties in connection with this Contest (including, without limitation, placing the winner’s name on a winner’s list). Notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, your acceptance of a Prize constitutes your authorization to (i) have Sponsor (and its agents, consultants and employees) photograph, record, tape, film and otherwise visually and audio visually record you, (ii) have Sponsor (and its agents, consultants and employees) use, reproduce, disseminate, alter, edit, dub, modify, distort, add to, subtract from, process and otherwise exploit any results of such activity (including without limitation any manner in which such activity may be recorded or remembered or modified) or derivatives or extensions or imitations thereof in any manner that Sponsor sees fit, in any medium or technology known or hereinafter invented, throughout the universe in perpetuity, including without limitation for illustration, art, promotion, advertising, trade or any other purpose whatsoever; and (iii) have relinquished any right that you may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
9. WINNER LIST:
The names of the winners will be listed on the SUNBURN Pool Lounge website and social media after they have been announced.
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*The headlining set will be scheduled when SUNBURN Pool Lounge is able to open to the public again (in 2020 or later).