Marquis Battle of the Bands Complete Package

8/2/2019 Marquis Battle of the Bands Complete Package

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T h e M a r q u i s L o u n g e

E n t r y F o r mNAME OF BAND: __________________________________________________________________________

MAIN WEBSITE URL: _______________________________________________________________________

FACEBOOK: ______________________________________________________________________________

REVERBNATION: __________________________________________________________________________

STYLE OF MUSIC (GENRE): _________________________________________________________________

BAND MEMBER #1: ______________________________________ PHONE: _________________________

STREET ADDRESS: ________________________________________________________________________

CITY: _____________________________________ STATE: ______________ ZIPCODE: _______________

DATE OF BIRTH: ______________________ SOCIAL SECURITY NUMBER: __________________________

ROLE IN BAND: ___________________________________________________________________________


STREET ADDRESS: ________________________________________________________________________



ROLE IN BAND: ___________________________________________________________________________


STREET ADDRESS: ________________________________________________________________________



ROLE IN BAND: ___________________________________________________________________________


STREET ADDRESS: ________________________________________________________________________



ROLE IN BAND: ___________________________________________________________________________

ENTRY FORM - PAGE 1 OF 2


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STREET ADDRESS: ________________________________________________________________________



ROLE IN BAND: ___________________________________________________________________________


STREET ADDRESS: ________________________________________________________________________



ROLE IN BAND: ___________________________________________________________________________

BAND ADMINISTRATOR: ______________________________________ PHONE: _____________________

EMAIL ADDRESS: _________________________________________________________________________

SECONDARY BAND ADMINISTRATOR: ____________________________ PHONE: __________________

MAIL ADDRESS: __________________________________________________________________________

BY SIGNING BELOW, EACH BAND MEMBER COMFIRMS THAT HE/SHE HAS READ AND WILL FOLLOW THE MAR-QUIS BATTLE OF THE BANDS RULES & REGULATIONS. ANY VIOLATION OF THESE RULES BY ANY BAND MEMBERMAY RESULT IN IMMEDIATE DISQUALIFICATION OF THE ENTIRE BAND.

THIS ENTRY FORM, TOGETHER WITH THE OFFICIAL RULES & REGULATIONS OF THE CONTEST, CONSTITUTESTHE ENTIRE AGREEMENT AND COMPLETE UNDERSTANDING OF ALL PARTIES, AND NO ORAL OR PRIOR WRIT-TEN AGREEMENTS SHALL BE DEEMED A PART OF OR MODIFICATION OF THIS AGREEMENT. THIS AGREEMENTCANNOT BE MODIFIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OFPROMOTER. IN THE EVENT OF DISCREPANCY OR CONFLICT BETWEEN THE TERMS OF THIS ENTRY FORM, THEOFFICIAL RULES, THE OFFICIAL RULES & REGULATIONS SHALL GOVERN.

BAND MEMBER #1: _________________________________________________ DATE: ________________

BAND MEMBER #2: _________________________________________________ DATE: ________________

BAND MEMBER #3: _________________________________________________ DATE: ________________

BAND MEMBER #4: _________________________________________________ DATE: ________________

BAND MEMBER #5: _________________________________________________ DATE: ________________

BAND MEMBER #6: _________________________________________________ DATE: ________________


E n t r y F o r m

ENTRY FORM - PAGE 2 OF 2


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B a n d B i o g r a p h y

BAND BIOGRAPHY - PAGE 1 OF 1


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P a r e n t / G u a r d i a nAuthorization & Release Form

UNDERAGE BAND MEMBER #1: _____________________________________________ AGE: __________

PARENT/LEGAL GUARDIAN: _____________________________________ PHONE: ___________________

STREET ADDRESS: ________________________________________________________________________


RELATION TO BAND MEMBER: ______________________________________________________________

I, THE ABOVE BAND MEMBERS PARENT/LEGAL GUARDIAN, HEREBY CONSENT & AGREE TO ALL THE CONTESTOFFICIAL RULES & REGULATIONS, AND CONTEST GUIDELINES. I, HEREBY AGREE TO ALLOW MY APPLICABLEMINOR TO PARTICIPATE IN THE CONTEST, AS STATED IN THE OFFICIAL RULES & REGULATIONS, AND CONTESTGUIDELINES.

SIGNATURE: ___________________________________________________ DATE: ____________________



STREET ADDRESS: ________________________________________________________________________




SIGNATURE: ___________________________________________________ DATE: ____________________



STREET ADDRESS: ________________________________________________________________________




SIGNATURE: ___________________________________________________ DATE: ____________________

PARENT/GUARDIAN CONSENT & RELEASE FORM - PAGE 1 OF 2


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P a r e n t / G u a r d i a nAuthorization & Release Form



STREET ADDRESS: ________________________________________________________________________




SIGNATURE: ___________________________________________________ DATE: ____________________



STREET ADDRESS: ________________________________________________________________________




SIGNATURE: ___________________________________________________ DATE: ____________________



STREET ADDRESS: ________________________________________________________________________




SIGNATURE: ___________________________________________________ DATE: ____________________

PARENT/GUARDIAN CONSENT & RELEASE FORM - PAGE 2 OF 2


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C. Once the Entry Form has been fully completed and signed by all Band Members, return the Entry Form to-gether with the Bands Audition Files (as described below) (collectively, the Entry Materials) by the Entry Dead-line to Narkotik Entertainment (Promoter). All Entry Materials must be completed and submitted together priorto the Entry Deadline. Failure to i) fully complete the Entry Form, ii) have the Entry Form signed by all BandMembers, iii) meet the requirements for the Audition Files, or iv) return the completed Entry Materials by the ap-plicable Entry Deadline, will result in disqualification of the Band and all of its Band Members. Only completeEntry Materials will be accepted. If Entry Materials are incomplete or do not comply with these Official Rules inany manner, the Band and each individual Band Member entrant may be disqualified at Promoters sole and

absolute discretion.

D. There is a limit of one entry per Band and per person/Band Member. If more than one Entry Form is re-ceived from the same Band, or an entrant appears on more than one Entry Form, then the applicable Band(s)and Band Member(s) may be disqualified.

E. Your Audition Files must be audio recordings of two (2) songs that are performed by the Band Memberswho appear on the Entry Form. The audio recordings must be submitted in Audio CD or MP3 format. No videosubmissions or other formats will be accepted. All recordings submitted will not be returned, so be sure to keepa copy of your audio recordings.

F. Each Band will be given 25 Pre-Sale Tickets for the Contest. The Band is responsible for returning the pro-ceeds of 10 of these Tickets to the Promoter, in which this will be considered the Bands Entry Fee. The pro-ceeds from the remaining 15 Tickets are for the Bands to keep. It is also the Bands choice and option to paystraight forward the Entry Fee, which is $50 (fifty dollars).

3. GENERAL REQUIREMENTS:A. Each Band, and each of its respective Band Members, agree, warrant and represent that: i) Any songs sub-mitted and/or performed in conjunction with the Contest which are to be judged, including but not limited to your

Audition Files (the Judged Materials) are work of the Band or one or more of the Band Members. The Bandmay perform other songs in the Contest that will not be judged and those songs do not have to be the originalworks of the Band i.e., they can be cover songs.); ii) All persons having any rights, title and/or interest whatso-ever with respect to any of the Judged Materials, or any elements thereof, and any other lyrics, music, arrange-ment, composition, or song performed during the Contest that is not judged (Other Materials), have authorizedthe submission, public performance and other use of such materials by the Band in this Contest, and havewaived any applicable moral rights in such materials in favor of the entrant Band and/or Band members. TheJudged Materials, Other Materials and Contest Videos (as defined below) are referred to herein collectively as

the Creative Materials; and iii) The use of Creative Materials as contemplated by these Official Rules & Regula-tions will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, ofany third party, living or deceased. If a Band or any Band Member is uncertain as to whether they can agree tothese representations and warranties, they should confer with their legal counsel or other advisors. Promoterreserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations,assignments or waivers required herein.

B. Creative Materials may not contain sampling from other songs, music, sound effects, or any other elementsover which the Band and its Band members do not have all necessary rights, title and interest, including copy-right.

C. Creative Materials and Band names must be in keeping with Promoters positive image. Without limitation,Creative Materials that are deemed by Promoter, in its sole and absolute discretion, to be or to contain profanity,

explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelouscontent, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwiseoffensive or objectionable, or which portrays the Promoter in a negative fashion, may be disqualified.

D. Creative Materials, Entry Materials and Band Names must not include brand names, trade-marks, tradenames, logos or the intellectual property of any third parties.

E. Creative Materials and Entry Materials must be from an identifiable source. Any attempt to create a falseidentity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an af-filiation with any person or entity, may result in disqualification.

CONTEST ENTRY GUIDELINES - PAGE 2 OF 5


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F. Promoter reserves the right at any time, in its sole and absolute discretion, to disqualify a Band that Promoterbelieves, in its sole and absolute discretion, is not in compliance with these Official Rules, or which has made afalse or misleading statement on the Entry Form or otherwise, and reserves the right to pursue all other rightsand remedies available at law in the event of such disqualification.

4. BAND SELECTION & ENTRY: All Dates & Time Slots are filled on a first come first serve basis. Once thePromoter has received a complete Entry Form, the Band will have first choice of available Dates & Time Slots forthe available 32 Contest slots.

5. BAND PERFORMANCE & COMPETITION REQUIREMENTS: The Promoter will advise the Band Adminis-trator of each Performing Band of any and all Competition requirements (including but not limited to the competi-tion format, the number of songs to be performed, the number of performances, and the schedule for the compe-tition, collectively, the Competition Requirements). During any of the Stages of the Contest, each PerformingBand will perform such number of songs as may be required by the Promoter and/or its affiliates. Should a Per-forming Band fail to comply with all such Competition Requirements, or fail to appear for the Competition onsuch date(s) and at such time(s) as established by the Promoter, then such Performing Band shall be disquali-fied.

6. QUALIFYING STAGE: The first four (4) weeks of the Contest is considered the Qualifying Stage period. Inthis period there are eight (8) available dates, and thirty two (32) available performance slots. On each of theeight (8) dates, there will be four (4) performing Bands, in which one (1) Band will be selected to move forwardon to the Finalist Stage. There will only be a total of eight (8) Bands selected to move forward to the FinalistStage. The Qualifying Stage dates are as follows: May 25th, May 26th, Jun 1st, Jun 2nd, Jun8th, Jun 9th, Jun15th & Jun 16th.

7. FINALIST STAGE: The fifth (5th) week of the Contest is considered the Finalist Stage period. In this periodthere are two (2) dates, and eight (8) performance slots. Each of these dates there will be four (4) performingFinalist Bands, in which two (2) of the Finalist Bands will be selected to move forward to the Grand Prize Com-petition State. The Finalist Stage dates are as follows: Jun 22nd & Jun 23rd.

8. GRAND PRIZE COMPETITION STAGE: The sixth (6th) week of the Contest is considered the Grand PrizeCompetition Stage period. In this period there is (1) date, and four (4) performance slots. On this date the four(4) performing Finalist Bands will complete for the Grand Prizes. The Grand Prize Competition Stage date is asfollows: Jun 29th.

9. FINAL PERFORMANCE: The last date of the Contest is the Final Performance date. The last four (4)bands that performed in the Grand Prize Competition Stage will return for the Final Performance. The GrandPrize will be awarded to the Grand Prize Winner, and there will also be 2nd and 3rd place prizes given away atthe Final Performance. The Final Performance date is as follows: Jun 30th.

10. JUDGING: During all Qualifying & Finalist Stages, the Band will select two original songs from those per-formed during the Qualifying Stage to be judged (Judged Songs) and will advise the Promoter, by the deadlineestablished, of the songs on which the Band wishes to be judged. The two (2) Judged Songs will be judged by apanel of qualified judges (which may include professionals in the music, radio or recording industry and mem-bers of the general public) to be selected by the Promoter in its sole and absolute discretion (collectively, theJudges). The persons serving as Judges for any Finalist Stage or Grand Prize Stage are subject to change atthe Promoters sole and absolute discretion. The Judges will judge the two (2) Judged Songs according to thefollowing judging criteria and with the following weight given to each such criterion (the Judging Criteria): 1)

Musicianship (30%); 2) Stage Presence (30%); 3) Fan Following (20%) 4) Crowd Reaction (10%) and Fan Votes(10%). The one (1) Band with the highest total score, as determined by the Judges in their sole and absolutediscretion using the Judging Criteria, will be named the winner of the Finalist Stage and will continue on to GrandPrize Stage. The odds of being named the winner of a qualifying event or continuing on to compete in the finalsevent depend on the number of Bands competing, the number of Qualifying Stages, and the skill of each Bandand its Band members. In the event of a tie at a particular Qualifying Stage, the Band from among the tied en-tries with the highest cumulative score in the first judging criterion described above will be named the winner ofthe Qualifying Stage. In the event of a tie using the tie-breaking criterion, the Judges will select the winner of theQualifying Stage in their sole and absolute discretion. The decisions of the Judges relating to the selection of thewinner of a Qualifying Stage are final and binding. In the event it is determined that any Band or Band memberis ineligible or is subject to disqualification for any reason, then the Band will be disqualified and the Promoter



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may elect to name the Band receiving the next highest cumulative score at the qualifying event as the winner ofthe qualifying event. In the event of a tie in such instance, the tie breaking criteria described above may be util-ized. If your Band does not win in the Finalist Stage, your Band cannot continue on to compete in the GrandPrize Stage.

11. COMPETITION PRIZES: Prizes may be awarded to a Band named as a Finalist at the discretion of thePromoter. The availability of any such prizes shall be publicly disclosed by the Promoter and/or its affiliates priorto the start of the Competition.

12. WINNER NOTIFICATION: The Bands that are deemed winners of the Contest, must appear and perform inperson on the Final Performance Date. If such winning Band is not present for the Final Performance, and/orfails to perform as agrees on this date, then such Band may be disqualified and the Promoter, in its sole andabsolute discretion, may elect another competing Band instead with the next highest score (or number of votes).

13. PRIZES: Grand Prize in the amount of $1,000 (One Thousand Dollars), 2nd & 3rd Prizes to be determined .

14. USE/OWNERSHIP: With respect to the use and ownership of all Creative Materials, each competing Bandand each Band Member acknowledges and agrees as follows:

A. The rights of each Band and each Band Member, and the Promoter, shall be established by the terms ofthese Official Rules and by the contents of any releases entered into as required by these Official Rules.

B. Except to the extent prohibited by law, by participating in the Contest, each Band member agrees that Pro-moter and its affiliates may use, publish, videotape, broadcast, distribute and display all elements of his/herCreative Materials, Audition Files, the Contest Videos, and any other videos and recordings made of the Bandsperformances during the Contest and the Grand Prize Performance, as well as each Band members name, ad-dress [city and state/province], biographical information, statements, voice, photograph and other likeness, inwhole or in part, in any and all media either now or hereafter known, in perpetuity throughout the universe, solelyin connection with advertising, promoting and conducting this Contest and the Concert, without notification andwithout compensation of any kind to any Band Member or any third party. Promoter reserves all rights in perpe-tuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop and use the CreativeMaterials, Audition Files, the Contest Videos, and any other videos and recordings made of the Bands perform-ances during the Contest and the Grand Prize Performance in connection with advertising, promoting and con-ducting this Contest and the Final Performance

C. Promoter does not undertake to consider the Creative Materials or Audition Files in confidence and Promoterhas not made any prior inducements, promises or representations to the Band Member(s) or Band(s) regardingthe Creative Materials or Audition Files other than as set forth in the Official Rules.

D. Participation by each competing Band in this Contest, and the accompanying submission of each BandsCreative Materials to Promoter, shall in no way limit or restrict Promoter's rights with respect to, or the use of,Creative Materials submitted by other Bands or Band Members, or otherwise developed, created or used by Pro-moter, both prior to and after the submission of each Bands Creative Materials herein, and Promoter shall haveno obligations to each Band and Band Member with respect to such other Creative Materials. Accordingly, eachcompeting Band and Band Member acknowledges that Promoter's use of other material containing elementssimilar to or identical with those contained in the Bands Creative Materials shall not entitle the competing Bandor Band Member to any compensation if Promoter has an independent right to use such other materials.

15. LIMITATIONS OF LIABILITY: Contest Entities are not responsible for illegible, garbled, corrupted, dam-aged, lost, late, misdirected, undeliverable or incomplete Entry Forms, Contest Videos (as applicable) whetherdue to system errors, human errors or failures, or faulty transmissions or other telecommunications or othertypes of malfunctions or interferences, and/or for votes not received resulting from any typographical or humanerrors and failures, or as a result of any other error or problem of any kind relating to or in connection with thisContest, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation,errors or problems which may occur in connection with the administration of the Contest, the collection and proc-essing of the Entry Forms, Audition Files, or Contest Videos, and/or the judging of the Contest, the announce-ment of a Grand Prize or in any Contest-related materials. Promoter may prohibit a Band or Band member fromparticipating in the Contest or winning a Grand Prize if, in its sole and absolute discretion, it determines that saidBand or Band Member, or anyone acting in concert with such Band or Band Member, is attempting to undermine



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the legitimate operation of the Contest by cheating, deception, or unfair voting practices, or intending to annoy,abuse, threaten or harass any other entrants or Promoters representatives. If for any reason any portion of thisContest is not capable of running as planned, including, but not limited to, unauthorized intervention, fraud orany other causes beyond the reasonable control of Promoter which corrupt or affect the administration, security,fairness, integrity or proper conduct of the Contest, then Promoter reserves the right in its sole and absolute dis-cretion to cancel, terminate, modify or suspend the Contest and select the potential Grand Prize winning Bandeither from those eligible votes received up to the cancellation/suspension date or in Promoters sole and abso-lute discretion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAM-

AGE ANY CONTEST-RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CON-TEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BEMADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASON-

ABLE ATTORNEYS FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUD-ING CRIMINAL PROSECUTION.

16. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules, or of any En-try Form, release or any other document required herein, shall not affect the validity or enforceability of any otherremaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable orillegal, these Official Rules & Regulations (and the Entry Form, release or any other document, as applicable)shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegalprovision were not contained herein. These Official Rules & Regulations and any other documents required byPromoter constitute the entire understanding and agreement between each Band or Band Member and Pro-moter. No other agreement, written or oral, express or implied exists between each Band or Band Member andPromoter with respect to the Creative Materials or this Contest. Any modification, waiver or termination of theprovisions of these Official Rules & Regulations or such other documents must be in writing and be signed byeach Band member and Promoter. In the event of a discrepancy or conflict between the terms of the EntryForm and these Official Rules & Regulations, these Official Rules shall govern. Promoter reserves the right, inits sole and absolute discretion, to change, add to, delete from, modify or amend these Official Rules at anytime. All decisions of the Promoter are final and binding.

18. PERSONAL INFORMATION: By entering the Contest, each Band Member consents to the use and disclo-sure of his/her personal information collected in connection with the Contest by Promoter and its authorizedagents and representatives for the purposes of administering this Contest. Each Band Member also agrees tothe use in perpetuity of such Band Members name, address [city and state/province], biographical information,statements, voice, photograph and/or other likeness, in the Contest Videos, on the Website, at the Grand PrizePerformance and otherwise in connection with conducting or promoting the Contest and/or the Final Perform-

ance, without further notice or compensation. It is agreed that all such information may be transferred to theU.S.A. for the purposes set forth herein.

19. PROMOTER: Narkotik Entertainment, 972 W 23rd Street, San Bernardino, CA 92405

20. CONTEST VENUE: The Marquis Lounge, 1036 W Highland Avenue, San Bernardino, CA 92405



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R u l e s & R e g u l a t i o n sIn order to enter the Marquis Battle of the Bands Contest (the Contest) and be eligible to win, your band(Band), and each Band Member, must read the Official Rules & Regulations and agree to all of the followingterms:

1. At all times from the date the Entry Form is completed and signed, and up through the conclusion of theGrand Prize Performance or Main Stage Performance (as defined in the Official Rules), I will a) be a permanentlawful resident of the State of California, and b) be 18 years of age or older, or have parent guardian consent toparticipate in the contest. I am not (and during the above described period will not be) an employee, officer ordirector of (a) Narkotik Entertainment. (Promoter), (b) The Marquis Lounge (Venue), (c) any entity affiliatedwith Promoter or Venue. I am also not (and during that same period will not be) a judge in this Contest, or anemployee or agent of any such judge. I am also not (and during that same period will not be), an employee, offi-cer or director of any of the respective affiliated, parent, or subsidiary companies, or the advertising or promotion

agencies, of any of the entities referenced in this section, including but not limited to Promoter, Contest Adminis-trator and their affiliated entities (collectively, the Contest Entities). Further, I am also not (and during that sameperiod will not be) a member of the immediate family (parents, children, siblings and spouses, regardless ofwhere they reside) or household (whether related or not) of a judge in this Contest or any employees, officers ordirectors of the Contest Entities.

2. Individuals can only compete in the Contest as a member of a Band named in the Entry Form in which all ofthe members are eligible to enter this Contest. Band must consist of at least two (2) members and no more thansix (6) members, each of whom are eligible entrants. In the event any member of my Band is disqualified, thenthe entire Band may be disqualified. Promoter will determine eligibility in its sole and absolute discretion. Thereis a limit of one entry per Band and per person. If more than one Entry Form is received from a Band, or an en-trant appears on more than one Entry Form, then the applicable Band(s) and Band member(s) will be disquali-fied.

3. Each and every entrant Band member must sign the Entry Form. Only those entrants who, as a named mem-ber of the Band, have fully completed, signed and returned this Entry Form by the Entry Deadline will be eligibleto compete in the Contest and be eligible for any prize, including the opportunity to participate in the Grand PrizePerformance or Main Stage Performance.

4. Each band must identified one (1) representative (the Band Administrator) on the Entry Form who will be thecontact person for the Band in all matters related to this Contest and who shall also have authority to act on be-half of the Band with respect to all aspects of this Contest.

5. If any Band member is deemed a minor in the State Of California, then the parent/legal guardian of such mi-nor must sign the Entry Form and any other documents required on behalf of such minor. Such minor cannotserve as the Band Administrator.

6. Any original songs submitted and/or performed by my Band in conjunction with the Contest which are to bejudged, are the original work of the Band or one or more of its competing Band members. i.e., the Band or oneor more of its competing Band members owns and controls all right, title and interest, including copyright, in andto the lyrics, music, arrangement and composition of such songs.

7. All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, orany elements thereof, and any other lyrics, music, arrangement, composition, or song performed during the Con-test by the Band that is not judged (Other Materials), have authorized the submission, public performance andother use of such materials by the Band in this Contest, and have waived any applicable moral rights in suchmaterials in favor of the entrants. The Judged Materials, Other Materials and Contest Videos (as defined in theOfficial Rules) are referred to herein collectively as the Creative Materials.

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8. The use of Creative Materials as contemplated by the Official Rules of this Contest will not infringe upon theintellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or de-ceased.

9. If my Band or any Band member is uncertain as to whether we can agree to all of the provisions of this EntryForm, we acknowledge that we have been advised to confer with our legal counsel or other advisors. If re-quested by Promoter, we agree to provide proof in writing of any necessary authorizations, assignments or waiv-ers required herein.

10. Creative Materials may not contain sampling from other songs, music, sound effects, or any other ele-ments over which the Band and its members do not have all necessary rights, title and interest, including copy-right.

11. Creative Materials and Band names must not include brand names, trade-marks, trade names, logos or theintellectual property of any third parties.

12. Creative Materials and Entry Forms must be from an identifiable source. Any attempt to create a false iden-tity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affilia-tion with any person or entity, may result in disqualification.

13. I agree that: a) Promoter and its designees may use, copy, publish, videotape, broadcast, distribute andotherwise publicly display all elements of the Creative Materials, Audition Files, the Contest Videos, and any

other videos and recordings made of the Bands performances during the Contest and during the Grand PrizePerformance or Main Stage Performance as well as each Band members name, address [city and state/province], biographical information, statements, voice, photograph and other likeness), in whole or in part, in anyand all media either now or hereafter known, in perpetuity throughout the universe, solely in connection with ad-vertising, promoting and conducting this Contest and the Concert, without notification and without compensationof any kind to any Band member or any third party. Promoter reserves all rights, including without limitation, theright to reproduce, alter, amend, edit, modify, crop and use the Creative Materials, the Contest Videos, and anyother videos and recordings made of the Bands performances during the Contest and during the Grand PrizePerformance or Main Stage Performance in connection with advertising, promoting and conducting this Contestand the Concert.

14. Promoter does not undertake to consider the Creative Materials (including the Contest Video Files) in confi-dence and Promoter has not made any prior inducements, promises or representations to me or my Band re-

garding the Creative Materials (including the Contest Video Files) other than as set forth in the Official Rules ofthis Contest.

15. Participation by each competing Band in this Contest, and the accompanying submission of each BandsCreative Materials to Promoter, shall in no way limit or restrict Promoters rights with respect to, or the use of,Creative Materials submitted by other Bands or Band members, or otherwise developed, created or used by Pro-moter, both prior to and after the submission of each Bands Creative Materials herein, and Promoter shall haveno obligations to my band or me with respect to such other Creative Materials. Accordingly, my Band and I ac-knowledge that Promoter's use of other material containing elements similar to or identical with those containedin my Bands Creative Materials shall not entitle the my Band or me to any compensation if Promoter has an in-dependent right to use such other materials.

16. Band and Band Members agree to: (a) to be bound by the Official Rules and any other documents requiredby Promoter (including, without limitation, the Entry Form and any releases required) and by the decisions ofPromoter, the Contest Administrator, all judges in this Contest, and to waive any right to claim ambiguity in thisContest, the Official Rules or any other documents required by Promoter (including, without limitation, the EntryForm and any releases), (b) to indemnify, defend and hold harmless the Contest Entities, and their respectiveofficers, directors, employees, shareholders, representatives and agents (collectively, the Released Parties)from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses(including reasonable attorneys fees) arising out of or related to any statement, action or failure to act by meduring or in connection with my participation in the Contest, and/or any breach or alleged breach of these OfficialRules or of any other documents required by Promoter or related to the Creative Materials including any usethereof and, (c) not to sue and to irrevocably and unconditionally release, waive and forever discharge the Re-leased Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity,whether known or unknown, which I (or my successors-in-interest, heirs and/or agents) ever had, now have, or



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in the future may have against the Released Parties, including, but not limited to claims arising out of or relatedto personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part,directly or indirectly, from participation in the Contest or any Contest-related activity including but not limited tothe Grand Prize Performance or Main Stage Performance, the acceptance, possession, misuse or use of a prizeand/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of theCreative Materials, the Contest Videos, and any other videos and recordings made of the Bands performancesduring the competition and the Grand Prize Performance or Main Stage Performance, and my name, address[city and state/province], biographical information, statements, voice, photograph and/or other likeness). Bandand Band Members further agree that they will indemnify and hold the Released Parties harmless from andagainst all claims arising out of, connected with or resulting from breach of this Entry Form and/or the OfficialRules.

17. Promoter reserves the right at any time, in its sole and absolute discretion, to disqualify a Band it believes,in its sole and absolute discretion, is not in compliance with the Official Rules, or which has made a false or mis-leading statement on the Entry Form or otherwise, and reserves the right to pursue all other rights and remediesavailable at law in the event of such disqualification.

18. Each Band member is solely responsible for payment of any and all applicable income or other taxes or feesdue for or on account of any prize(s) or consideration that such Band member receives as a result of this Con-test. Each Band member also understands that if the approximate retail value of a prize awarded to such Bandmember is $600 or greater then Sponsor will report such winnings to the United States Internal Revenue Service(IRS) and issue to the winner an IRS Form in an amount equal to the approximate retail value of the prize.

19. A U.S. person (as defined by U.S. tax law), then, under penalty of perjury, I certify that i) The social secu-rity number herein is my correct taxpayer identification number, and ii) I am not subject to backup withholdingbecause: a) I am exempt from backup withholding, or b) I have not been notified by the IRS that I am subject tobackup withholding as a result of a failure to report all interest or dividends, or c) the IRS has notified

20. All Bands and Band Members will not do anything or cause any third party to do anything which would ma-nipulate or in any way influence the outcome of the Contest with the intent to deceive the public, including, butnot limited to, tampering with any voting system or process. I agree that I will not participate in any such act orany other deceptive act with respect to the Contest, nor permit anyone to do so on my or my Bands behalf. Iagree that if anyone tries to induce me or my Band to do any such act, I shall immediately notify the Contest En-tities.

21. All Bands and Band Members consent to the use and disclosure of their personal information collected inconnection with the Contest by Promoter and its authorized agents and representatives for the purposes of ad-ministering this Contest. I, and the Band, also agree to the use in perpetuity of the Bands name, my name, ad-dress [city and state/province], biographical information, statements, voice, photograph and/or other likeness, inthe Contest Videos, on the Website, at the Grand Prize Performance or Main Stage Performance and otherwisein connection with conducting or promoting the Contest and/or the Concert, without further notice or compensa-tion. It is agreed that all such information may be transferred to the U.S.A. for the purposes set forth herein.

22. All Bands and Band Members acknowledge that during the finals event for the Contest, the performance ofthe Judged Songs (and perhaps other performances) will be video-recorded by representatives of the Promoter,Local Contest Administrator and/or its affiliates. ONLY ELIGIBLE BAND MEMBERS WHO SIGN AND RETURNTHIS ENTRY FORM MAY APPEAR IN EACH VIDEO RECORDING. No other performers, animals or people,including identifiable members of the audience, may be seen in the video recording. If more than five (6) per-formers appear in the video, the Band may be disqualified.


Marquis Battle of the Bands Complete Package

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Transcript of Marquis Battle of the Bands Complete Package