Duel for the Deal: Official Rules

1. Contest Entry Period: Starting May 1, 2008 at 8:00:00 AM Central Standard Time ("CST") and ending June 17, 2008 at 10:00:00 PM CST (the "Contest Period").

2. Eligibility: Entries can either be made for an individual or for a band of up to fifteen (15) members. "Entrant" is hereby defined as the person who submits an entry, being it an individual entry or a band entry. To enter and be eligible to win, you must be a legal resident of the 50 United States or Washington, D.C., be 12 years of age or older, must not currently be under a recording contract with a music recording company or any other third party, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win a prize: (a) any person who, at any time on or after April 12, 2008, was or is a director, officer, or employee of Branding Iron Records, or their parents, subsidiaries, franchises, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (collectively with the entities in 2(a), the "Contest Entities"), and (c) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son or dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Contest Period, whether related or not) as any person in any of the preceding categories. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.

3. How to Enter: There will be two (2) parts to the Contest: (a) To enter you must mail a CD, DVD or VHS copy of you or/and your band performing a song to Gauchos Restaurant, 597 US Highway 30, Valparaiso, IN 46385. Entries must be submitted and received by June 17, 2008 at 10:00:00 PM CST. If you are unable to submit these you or/and your band can audition live at Gauchos Restaurant every Tuesday in the months of May and June up to June 17, 2008, between 7:00:00 PM CST-10:00:00 PM CST Included with this CD, DVD, VHS or live audition must be the Duel for the Deal entry form found at www.duelforthedeal.com along with $25.00 entry fee.  (b) Eight semifinalist will be selected and notified on June 19, 2008 via e-mail, phone, and U.S. mail and must be available for a live stage performance June 27-28 at Gauchos Restaurant between 8:00:00 PM CST-11:59:00 PM CST.

Limit one (1) entry per person/band. Multiple entries received from any person/band will be void. Each Entry will be screened by the Sponsor or the Contest Judges (as defined in Rule #5 below) for compliance with these Official Rules. Entries that do not meet the requirements set forth in these Official Rules will be void, in the sole discretion of the Sponsor and the Contest Judges.  In the event that Entrant uses copyrighted material in which Entrant is not the owner, Sponsor is not liable for illegal use of copyrighted material.

Additional Submission Requirements: The following guidelines set by the Sponsor should be followed for each Song:

(a) Cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic;
(b) Cannot show or promote cruelty, harm, abuse or exploitation of animals;
(c) Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous;
(d) Cannot be obscene or offensive, endorse any form of hate or hate group;
(e) Cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or other people, products or companies;
(f) Cannot contain trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(g) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
(h) Cannot contain any persons that are signatories to any guild or union agreements (e.g., members of AFTRA); and
(i) Cannot violate any law.

By submitting an Entry, Entrants agree to indemnify and hold Contest Entities from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the Entrants in this Contest, any breach by the Entrants of the foregoing warranties or agreements or the use, in whole or in part, by any Contest Entity of any Entry (or portion thereof) submitted by the Entrants in this Contest.

 

4. Ownership/Use of Entry: By submitting an Entry, Entrants agree to assign to Sponsor ownership to Entry (the recording, but not the underlying musical composition) and all right, title and interest to Entry and agrees that Sponsor and its designees may use and distribute the Entry and all elements of such Entry, without restriction in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party. Materials (DVD and VHS entries) submitted in connection with the Contest will become the sole property of Sponsor and will not be returned. Entrant agrees that submissions are gratuitous, unsolicited and without restriction, and will not place Sponsor under any obligation, and that Sponsors free to disclose the ideas contained therein on a non-confidential basis to anyone or otherwise use the ideas without restriction and without any additional compensation to Entrants. Entrants acknowledge that, by acceptance of their Entry, Sponsor does not waive any rights to use similar or related ideas from any source. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By entering, Entrants acknowledge that Sponsor has no obligation to use or post any Entry submitted.

5. Judging and Voting: There will be three rounds of judging and voting, all of which will be based on the following judging criteria ("Criteria"): quality and originality of the music (25%); quality and originality of the lyrics (25%), quality and originality of the singing performance (25%); and personality of the Entrant (or the band, if applicable) (25%). Round One - Judging (from 05/01/08 at 8:00:00AM CST to 06/17/08 at 10:00:00 PM CST): All eligible entries received will be judged by the Senior Vice President of Branding Iron Records, a Radio DJ from 98.3 WVLP, and two other judges to be determined with knowledge in the Music industry based on the above Criteria, to narrow down to 8 semifinalists. Round Two - Judging (from 06/27/08 at 8:00:00PM CST to 06/28/08 at 1:00:00 AM CST): The eight semifinalists will be judged on a live performance at Gauchos Restaurant in which they will perform the song that was submitted for entry along with 3 other songs (one of the 3songs must be a song that Branding Iron Records sent via Fed Ex on June 19, 2008). The four songs will be judged based on the above Criteria by a judging panel ("Contest Judges"), which will include a representative from a Music Store, the CEO of Branding Iron Records and a fan vote. Contest Judges' decisions shall be final and binding, in order to select the top 4 entries ("Finalists"). Round Three - Judging (from 06/28/08 at 9:00:00PM CST to 06/29/08 at 1:00:00 AM CST): The eight semifinalists will be judged on a live performance at Gauchos Restaurant in which they will perform the 4 original songs (one of the 4 songs must be a song that Branding Iron Records sent via Fed Ex on June 4, 2008). The four songs will be judged based on the above Criteria by a judging panel ("Contest Judges"), which will include a representative from a Music Store, the CEO of Branding Iron Records, A professional choreographer, a representative from a Radio Station,  and a fan vote. (Note: votes from Round Two do not roll over to Round Three.) The Entrant whose receives the most votes according to the judges will be the Potential Grand Prize Winner.  In the event of a tie, the Entrants who are tied will have to perform another song and the judges will decide by the above Criteria who is the Potential Grand Prize Winner.  Contest Judges' decisions shall be final and binding. 

 

The Potential Grand Prize Winner (or band, if applicable), as determined by Sponsor in its sole discretion, will be eligible to win the Grand Prize described below (see Rule #6), subject to verification of eligibility and compliance with the terms of these Official Rules. The Grand Prize Winner will be announced on or about June 28, 2008.

6. Grand Prize: The Grand Prize will consist of either or both of the following (in the Sponsor's sole discretion):
(i) the recording of an EP record to be made commercially available for sale wherever music is sold by Branding Iron Records, based on a studio performance. (The record could be in physical format or only to be available for download, in the sole discretion of Sponsor). (ii) a cash prize of $1,000. Branding Iron Records and Gauchos Restaurants at its sole discretion has no obligation to release the winning single to the public and can elect to compensate the Grand Prize winner with a cash amount of $1,000 in place of recording and releasing the winning EP record. 

The First Prize Winner will receive a 3 song demo recording at Micit Recording Studio in Lake Station, Indiana.

Prize is not transferable or redeemable for cash and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute the Prize (or portion thereof) of comparable or greater value, at its sole discretion. Taxes, if any, as well as any other costs and expenses associated with prize acceptance that are  specified herein as being provided are the winners' responsibility. All prize details are at the Sponsor's sole discretion.

7. How to Claim Your Prize: Potential Grand Prize Winner will be announced on June 28, 2008 at the Duel for the Deal contest. Potential winner will also be contacted by phone, email or mail with instructions on how to claim the prize. If Potential Grand Prize Winner is found to be ineligible, declines to accept the prize, or Sponsor is unable to contact a potential Winner within a reasonable period, or in the event that a prize confirmation or prize is returned undeliverable, the prize will be forfeited and, at the Sponsor's sole discretion, prize may be awarded to a runner-up. Potential Grand Prize Winners may be required to furnish proof of identification. Before being declared a Winner, the Potential Grand Prize Winner will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release (unless prohibited) and a W-9 form within seven (7) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the prize will be forfeited and, at Sponsor's discretion, awarded to a runner-up.

Allow four weeks for verification after completion of verification process. Contest Entities shall not be held responsible for any delays in awarding any prize for any reason outside of their control. The prize will only be awarded to a verified Winner.

By accepting the prize, Winner consents to the use of their name, address (city and state of residence), voice, and statements relating to the Contest or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or its designees in any and all media now known or hereafter developed without territorial or time limitation, except where prohibited by law.

Conditions of Entry:

8. By entering, Entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements and, (ii) agree to be bound by the decisions of the Sponsor and/or Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.

9. All Entries become the property of Sponsor. Released Parties are not responsible for any entries, mail, lyrics or Profiles that are lost, illegible, garbled, damaged, delayed, misdirected, incomplete or inaccurate, or any combination thereof.

10. Sponsor reserves the right to disqualify any Entrant's Entry in the Contest or entitlement to the prize, if, in the sole discretion of the Sponsor, it determines or suspects that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other fraudulent, deceptive or unfair playing practices .

11. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the performer of the Song, and such individual must be compliant with these Official Rules.

12. As a condition of entering, Entrants agree:(a) to release Contest Entities from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize (including any travel or activity related thereto); (b) that under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will Entrant be entitled to receive attorneys' fees or other legal or court costs.

Contest operation:

13. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Contest (or any portion thereof) at any time, if fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest. If terminated, Sponsor may, at its discretion, award the prizes from among all non-suspect, eligible entries up to time of such action using the judging procedure specified above.

14. Entrants and/or Winners assume liability for injuries caused, or claimed to be caused by participating in the Contest, by the acceptance, possession, or use of any prize awarded, including but not limited to claims/damages for personal injury, death or property damage.

 

Disclosures:

15. Any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual to the fullest extent permitted by law, including criminal prosecution. Entrants engaging in any of the foregoing activities may be disqualified (and all associated entries and/or votes will be void) and will forfeit any prize(s) won.

16. In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.

17. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Indiana without regard to Indiana conflicts of law principles. All Entrants consent to the jurisdiction and venue of the State of Indiana.

18. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.

19. This Contest is solely sponsored by Gaucho’s Brazilian Steak House, 597 US Highway 30 Valparaiso, IN 46385 and Branding Iron Records.

20. For a list of the Semifinalists, please visit www.duelforthedeal.com on or after June 19, 2008.