NASH FM 991’s “NASH NEXT® 2019” Contest
A complete copy of these rules can be obtained at the offices of radio station KXKC (“Station”), owned and operated by Cumulus Radio LLC, located at 202 GALBERT RD. LAFAYETTE 70506, during normal business hours Monday through Friday or by sending a self-addressed, stamped envelope to the above address.
The Station will conduct the NASH FM 991 / KXKC “NASH NEXT® 2019” Contest (the “Contest”) substantially as described in these rules, and by participating, each participant agrees as follows:
- No purchase is necessary to enter or win. A purchase will not increase your chance of winning. Void where prohibited. All federal, state, and local regulations apply.
- This Contest is open only to legal U.S. residents, age eighteen (18) years or older at the time of entry with a valid Social Security number and who reside in the Station’s Designated Market Area (“DMA”) as defined by Nielsen Audio, who have not won a prize from the Station in the last 24 hours or a prize valued $500 or more in the last 180 days and whose immediate family members or household members have not won a prize from the Station in the last 24 hours or a prize valued at $500 or more in the 180 days. Void where prohibited by law. Employees of Cumulus Radio, LLC, its parent company, affiliates, related entities and subsidiaries, promotional sponsors, prize providers, advertising agencies, other radio stations serving the Station’s DMA, and the immediate family members and household members of all such employees are not eligible to participate. The term “immediate family members” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household members” refers to people who share the same residence at least three (3) months out of the year. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Station’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Contest Period and Deadlines. The Contest will begin at 6:01 a.m., CT on JULY 2, 2019_ and will run through 11:59 p.m., CT on September 6, 2019 at the conclusion of the Final Event. (the “Contest Period”). This Contest will have several periods each with associated deadlines which will each individually and collectively be strictly adhered to and will consist of the following: (A) Registration Period, (B) Judges Reviewing Period, (C) Announce Top 10 Finalists, and (D) Finale Event. The Station’s computer is the official time keeping device for this Contest.
- Registration Period. The period to submit completed Registration Materials will begin at 6:01am CT on JULY 2, 2019 and conclude at 11:59pm CT on July 28, 2019 (“Registration Period”).
- Judging Period. The period where the judges will review all songs submitted. The judging period will begin on or after 8:00 a.m., on July 29, 2019 and conclude no later than 6:00 p.m. on August 9, 2019.
- Announce Top 10 Finalists. The Top 10 Finalists Announcement will take place on August 12, 2019 by 12:00 p.m. (noon) on the NASH FM 991 website. Between the dates of August 12, 2019 and September 1, 2019, the Top 10 Finalists songs will be listed on the NASH FM 991 Facebook page located at Facebook.com/NASHFM991for listeners to leave comments for their Fan Favorite.
- The Finale. The Final Challenge will take place on September 6, 2019 at Route 92 at 2600 E Milton Ave, Youngsville, LA 70592 beginning at 6pm.
- ELIGIBILITY: This Contest is open only to individual country music artists (each a “Solo Artist”) or country music bands with two or more members (each a “Band”) in which all of the Band members individually satisfy each of the eligibility requirements set forth below. In the event any Band member is ineligible or disqualified for any reason, then the entire Band will be disqualified. Solo Artists and Bands entering the Contest are hereinafter referred to as “Entrants.” Entrants must satisfy the following eligibility requirements at all times during the Contest Period:
- Be a U.S. citizen or a permanent legal U.S. resident who is eligible to work full-time in the United
- Be at least 18 years old on June 24, 2019 (which means you must be born on or before June 24, 2001 at the time the submission of completed Registration Materials).
- Not be an employee of Station, Sponsor, its parent company Cumulus Media New Holdings, Inc. or any of its subsidiary companies, the Stations, their respective advertising or promotion agencies, nor be an immediate family member or household member of any such employee or of a Contest judge of any round. The term “immediate family member” includes spouses, parents and step-parents, siblings and step-siblings, and children and stepchildren. The term “household member” refers to people who share the same residence at least three (3) months out of the year. Sponsor reserves the right to remove from the Contest any person whom Sponsor determines, in Sponsor’s sole discretion, is sufficiently connected with the Contest or any of the entities described above if such person’s participation in the Contest could create the appearance of impropriety. Conversely, Sponsor reserves the right to allow any person to remain part of the Contest who may have a connection with the Contest or any of the entities described in this paragraph if, in Sponsor’s sole discretion, Sponsor determines that such person’s involvement in the Contest does not and will not affect the integrity of the Contest.
- Be able to demonstrate to Sponsor’s satisfaction that the Entrant does not have any of the following agreements in effect (written or oral) during or after the Contest Period:
A contract for talent representation by a professional talent agent;
A current music recording contract;
A current agreement relating to the use of Entrant’s name, voice and/or likeness;
An exclusive acting contract; and/or
Any other contractual arrangement that would prohibit an Entrant from fully participating in the Contest, or entering into any contracts required by Sponsor, including an exclusive talent- representation contract, recording contract, music publishing contract, and merchandising contract.
- The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning is contingent upon fulfilling all requirements set forth herein.
- How to Enter. To enter the Contest, (i) visit the Contest page on NASH FM 991, NASHFM 991.com, and (ii) click on the “NASH NEXT” link, and complete the entry process in accordance with the following requirements:
Bands must identify one (1) Band member who on the Registration Form as the Band’s Administrator.
During the Artist Registration Period, Entrants will submit an .MP3 of an original song using the upload tool on the Station Website for this Contest. Submissions via any other means will not qualify. An original song is one that (i) has not been recorded or published by any artist on a record label, and (ii) for which the Entrant has permission to use. Submissions must be received by 11:59 p.m., ET on July 28, 2019. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, inappropriate or misdirected Submissions, all of which will be disqualified.
Review and accept these Official Rules by providing the Administrator’s electronic signature.
Create and complete the Contest Profile, including providing (i) a biography of Entrant and (ii) Entrant’s Website, Facebook, Twitter, and Instagram social media links.
Limit one (1) Registration Form/Competition Profile per Entrant. Multiple Entrants are not permitted to share the same email address. Any attempt by an Entrant to submit more than one (1) Registration Form/Contest Profile using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Registration Form/Contest Profile and the Entrant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
Complete a Registration Form with the requested information about the Entrant, including an email address and password. The email address and password will be used by Entrants during the Contest to establish and access their Contest Profile.
By submitting the Registration Form, Entrant acknowledges and agrees that Entrant is creating a user ID/password with the Competition Website and will be required to participate in Competition activities through the Competition Website. All Registration Materials provided by Entrant to the Competition Website and Competition Profile will be displayed and maintained on the Competition Website or any other website used by Sponsor to promote Competition, for public viewing. All such Registration Materials will be retained by Sponsor and not returned to Entrants.
All Registration Forms must be submitted no later than 11:59pm on July 28, 2019.
Judging Period. There will be two (2) parts to the Judging Period of this Competition.
- One (1) Local Judging Period to determine finalists and
- One (1) Local Live Finale Event
- Local Judging Period and Local Live Finale Event
Local Judging Period July 29 – August 9, 2019
Rules for Local Judging Period
On or after August 10, 2019 a panel of local judges will review each Entrant’s song to determine which Entrants (minimum of three (3) and no more than ten (10) Entrants will move on to the Local Live Event. The judges panel will determine based on the one (1) original song submissions which entrants will advance to the finals.
Local Live Finale Event
On September 6, 2019 at 6:00 PM CT the Station will hold a Local Live Event at Route 92 at 2600 E Milton Ave, Youngsville, LA 70592. At the Local Live Event, the top Entrants for that Station, in its sole discretion, will perform live to determine the winner. It is at the sole and absolute discretion of the Station how many Solo Artists/Bands will perform at this event. . Should an Entrant be unable to perform on that date, time and event for any reason, then the Entrant will be disqualified. Entrants will be rated by a panel of judges in the following categories: Best Original Song, Stage Presence, Musicianship, and Performance. The Station in its sole discretion, along with a panel of judges, will determine the winners.
- Verification of Potential Winner. THE ELIGIBILITY OF ALL POTENTIAL CONTEST WINNERS IS SUBJECT TO VERIFICATION BY STATION WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. The potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner may be notified by email and/or telephone call after the date of random drawing and/or winner determination. The potential winner will be required to sign and return to Station, within three (3) days of the date notice is sent, an affidavit of eligibility and a liability/publicity release (except where prohibited) in order to claim his/her prize, if applicable. A winner who returns the affidavit of eligibility and liability/publicity release will be deemed to have accepted the contest prize and thereafter will not be permitted to rescind their acceptance of the prize and/or return the prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and/or the liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that the potential winner of a prize is disqualified for any reason, Station may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
- Grand Prize. One (1) Grand Prize, one (1) Second Place and one (1) Third Place will be awarded in this Contest.
The Grand Prize is (a) one (1) recorded and produced single by Rick Lagneaux studio or at a studio of Rick Lagneaux’s choice; (b) potential airplay of the produced song after the Contest ends on Station, as determined in Station’s sole discretion, airplay, in any amount, is not guaranteed, (c) a $10,000 bank of spots to promote tour, appearances, and where music can be purchased for a period of six (6) weeks following the end of the Competition on NASH FM 99.1; (d) $750 gift card to Lafayette Music; (d), and (e) a NASH Next 2019 Grand Prize Trophy;. ARV ELEVEN THOUSAND SEVEN HUNDRED FIFTY DOLLARS] ($11,750). Studio time will be a maximum of 12 hours total and must be recorded and booked within thirty (30) days following the end of this Contest, unless an extension is agreed upon by the Studio in its sole and exclusive discretion and only for circumstances outside of Artist’s control. In the event studio session players are needed for recording the Grand Prize single, Cumulus will provide up to $500 to cover the cost payed to the studio.
The Second Place Prize is a $375 gift card to Lafayette Music, and a NASH Next 2019 Second Place Trophy;. ARV THREE HUNDRED SEVENTY FIVE DOLLARS] ($375.00).
The Third Place Prize is a $375 gift card to Lafayette Music, and a NASH Next 2019 Third Place Trophy;. ARV THREE HUNDRED SEVENTY FIVE DOLLARS] ($375.00).
The Cash portions of any prizes will be given to the person who submitted the entry. In the case of a Band entry, it is the responsibility of the person who submitted the entry to decide how and in what amounts to divide, or not divide, the cash prize. Station will not be responsible for deciding or mediating any dispute over the cash award between band members.
Winners are responsible for all taxes associated with prize receipt and/or use. Odds of winning the Grand Prize depend on a number of factors including the number of eligible entries received during the Contest Period and listeners participating at any given time.
There is no substitution, transfer, or cash equivalent for prizes, except that the Station may, at its sole discretion and to the extent permitted by law, substitute prizes of comparable value or cash. The prizes are expressly limited to the item(s) listed above and do not include taxes, gratuities or any other expenses. Any tickets and/or gift certificates/cards awarded as part of a prize will be subject to the terms and conditions set forth by the issuer and are valid only on the date(s) printed on the tickets or gift certificates/cards. Other restrictions may apply.
- ENTRANT REPRESENTATIONS. By submitting Registration Materials and being allowed to participate in the Competition, Entrant represents, warrants and agrees that:
- All Registration Materials and Competition Submissions provided by Entrant as part of the Competition, including but not limited to photographs, songs, video, biographical materials, graphics, and/or artwork (collectively “Judged Materials”) are the original work of Entrant, and Entrant owns and controls all right, title and interest, including copyright, in and to content, the lyrics, music, arrangement and composition of such songs and/or music videos.
- All persons having any rights, title and/or interest whatsoever with respect to any of the Judged Materials, or any elements thereof, or any supplemental materials that are not judged, have authorized the submission, public performance, written license, and other use of such materials by Entrant in this Competition, and have waived any applicable moral rights in such materials in favor of Entrant. The Judged Materials and supplemental materials are referred to herein collectively as the “Creative Materials.”
- The use of Creative Materials as contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. If an Entrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. Sponsor reserves the right at its sole and absolute discretion to request proof in writing of any necessary authorizations, assignments or waivers required herein.
- Creative Materials may not contain “sampling” from other videos, graphics, songs, music, sound effects, or any other elements over which Entrant does not have all necessary rights, title and interest, including copyright.
- Entrant names and Creative Materials cannot include brand names, trademarks or service marks, trade names, logos or the intellectual property of any third parties. Entrant names and Creative Materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification. Entrant names and Creative Materials must be in keeping with Sponsor’s positive image. Without limitation, Creative Materials that are deemed by Sponsor, in its sole and absolute discretion, to be or to contain profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Sponsor in a negative fashion, may be disqualified. THIS REQUIREMENT IS STRICTLY ENFORCED. NO PROFANITY MAY APPEAR IN OR BE HEARD ON ANY CREATIVE MATERIALS.
- Sponsor reserves the right at any time, in its sole and absolute discretion, to disqualify any Entrant whom Sponsor believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or has made a false or misleading statement on the Registration Form or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
- Entry Conditions and Release. By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Station, which are binding and final in all matters relating to this Contest; (b) release and hold harmless Station, Cumulus Media New Holdings, Inc., and its subsidiaries, related and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use, non-use or misuse of the prize.
- Except where prohibited, participation in the Contest constitutes winner’s consent to use by the Station and its agent of winner’s name, likeness, photograph, voice, opinions and/or biographical information (including hometown and state) for promotional purposes in any media, worldwide, without further payment or consideration, unless otherwise prohibited by law.
- All State, Local, Federal and/or other taxes, duties, tariffs, title fees, licensing fees, or other fees for prizes awarded become the sole responsibility of the winner. All those who win a prize or prizes valued $600 or more in any given year will be issued an IRS Form 1099 to report their winnings.
- General Conditions. Station reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Station’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Station in its sole discretion. Station 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 Contest or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Station reserves the right to seek damages from any such person to the fullest extent permitted by law. Station’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Station, entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use, non-use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that a production, technical, programming or other error causes more than stated number of prizes as set forth in these Official Rules to be claimed, Station reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
- Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in the Station’s listening area; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Station in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state in which the Station is located, without giving effect to any choice of law or conflict of law rules (whether of the state in which the Station is located or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state in which the Station is located.
- Contest Results. A winners list may be obtained within thirty (30) days after the Contest Period expires by sending a self-addressed stamped envelope to the Station identified below.
- CONTEST SPONSOR: Cumulus Radio LLC, KXKC, Lafayette, La.