To participate in the Rock THE PLAYERS contest, complete the required information (name, DOB and email address of each contributing author) and upload a song (video or audio file) no more than two minutes (0:02:00) in length (the “Song”) where indicated on PGATOUR.COM/ROCKTHEPLAYERS between December 1, 2014 and January 23, 2015. The Song should original, creative, coherent and have emotional impact. For more information about THE PLAYERS, see www.pgatour.com/theplayers, https://www.facebook.com/THEPLAYERS or https://twitter.com/THEPLAYERSChamp.
By submitting a Song, participants acknowledge and agree that (a) because of PGA TOUR’s position in the sports industry, it receives numerous submission of ideas, formats, concepts, proposals and the like, including fan videos, lyrics and musical compositions, and that many submissions and independent projects developed by PGA TOUR may be similar or identical to those developed by fans; (b) PGA TOUR shall not be prohibited from using, and participants shall not be entitled to any compensation for any use by PGA TOUR of, Songs submitted during this promotion or any similar or identical lyrics or musical compositions, including, without limitation, for PGA TOUR marketing purposes; and (c) PGA TOUR would refuse to accept or otherwise evaluate the Song absent participant’s agreement with these terms.
Participants further acknowledge that, to be eligible to participate, each contributing author to the Song must be fourteen (14) years or older as of the date of entry and, if a minor, provide evidence of parental consent upon request by PGA TOUR. Each participant (and each minor participant’s parent or legal guardian on behalf of himself/herself and on the minor’s behalf) agrees to these Rules. The participant who submits the Song represents and warrants that he/she has full power and authority to submit the Song on behalf of each other contributing author to the Song and that each such other contributing author has acknowledged and agreed to these Rules. Song will not be acknowledged or returned. No purchase or payment to PGA TOUR of any kind is necessary to participate in this promotion. Void where prohibited by law and subject to all applicable laws.
Each Song should comply with the following guidelines, which criteria will be used to determine finalists:
Song should be original and creative (25 points).
Song should be coherent (25 points).
Song should have emotional impact (25 points).
Participants may use THE PLAYERSChampionship® trademark of PGA TOUR within a Song for purposes of this contest only, in accordance with these rules. No other use is permitted and no rights in or to PGA TOUR’s trademark are conferred upon participants but rather are expressly reserved by PGA TOUR. Any vulgar or obscene Song, including expressing any illegal or unsavory element, will not be eligible. By submitting a Song, each contributing author (and each contributing author’s parent or legal guardian on behalf of himself/herself and on the minor’s behalf) hereby represents and warrants:
(i) that the Song is his/her (collectively, if multiple contributing authors) wholly original creation and does not infringe any copyright, trademark, publicity, privacy, intellectual property or other proprietary right of any third party, (other than Sponsor to the extent allowed under these rules);
(ii) that the Song was not previously submitted in any other contest or promotion or affiliated with any third party, place or thing;
(iii) that the Song complies in all respects with these rules;
(iv) that s/he grants rights in and to the Song to PGA TOUR, its affiliates and designees and forever releases and holds PGA TOUR , its affiliates and designees harmless from and against any liability of any kind arising from or in connection with the exercise of such rights; and
(v) that s/he will abide by and be bound by these rules and the decisions of PGA TOUR and the judges, which shall be final and binding in all matters relating to this contest.
Modifying, enhancing or altering a third party’s preexisting work does not qualify as an original creation. The content of the Song must not infringe third party rights by including, for example, the copyrights, trademarks or logos (such as company names, brands or slogans) that have been created, distributed, aired or published by others, such as those on or in websites, television, movies, or other media outlets. PGA TOUR reserves the right not to accept any Song in its sole discretion. By participating in this contest, each contributing author agrees that participation is gratuitous, unsolicited and without restriction, and will not place PGA TOUR under any obligations other than those contained in these rules, and that PGA TOUR is free to disclose the Song on a non-confidential basis to anyone or otherwise use the Song without any compensation to entrant. Contributing authors further acknowledge that PGA TOUR does not waive any rights to use similar or related songs previously known to PGA TOUR, or developed by its employees, or obtained from sources other than this contest. PGA TOUR is not obligated to make use of any of the rights granted in these rules.
On or about January 23, 2015, all eligible Songs will be judged by a panel of judges that includes representatives of THE PLAYERS Championship and PGA TOUR. The judges will review, evaluate and score each eligible Song on the basis of the following criteria: creativity (25%), coherence (25%) and emotional impact (25%). The Songs with the highest weighted score will be declared finalists. For Songs longer than two minutes in length, the judges will only hear and/or view the first two minutes. The composition of the judging panel and the number of finalists will be determined in PGA TOUR’s sole discretion. Each contributing author to the finalist Songs will be notified by email and will be required to sign an affidavit of eligibility and publicity release within four (4) days (where legal) in order to be confirmed a finalist. If any finalist is a minor, the minor’s parent or legal guardian must verify and confirm his or her agreement to the affidavit of eligibility and publicity release on the parent’s or legal guardian’s behalf and on the minor’s behalf in order for the finalist to continue to participate.
On or about February 12, 2015, PGA TOUR will post the finalists Songs on PGATOUR.COM/ROCKTHEPLAYERS for fan voting. Limit one vote per person. Fan voting shall continue through February 27, 2015 and account for 25 points of the final score for each Song. The Song with the highest weighted score will be declared the winning Song.
In the event of a tie, the winning Song will be determined by weighting the foregoing four pronged criteria as follows: fan voting (35%) and creativity, coherency and emotional impact (65%). The Song with the highest weighted score will be declared the winning Song.
PGA TOUR will announce the winning Song on or about March 2, 2015.
PGA TOUR will award US$5,000 and weekly Green Side Lounge tickets to THE PLAYERS Championship in 2015 to the contributing author(s) of the winning Song. The cash payment will be distributed equally among the contributing authors to the winning Song (e.g., if two (2) contributing authors, each would receive US$2,500). Two (2) Green Side Lounge tickets to THE PLAYERS in 2015 will be provided to each contributing author. All expenses and costs of utilizing the prize, including travel to the Championship, are the sole responsibility of each contributing author. The approximate retail value of the two (2) Green Side Lounge tickets to THE PLAYERS in 2015 is US$800. The reporting and payment of any tax liabilities incurred by each individual as a result of this contest are the sole responsibility of each such individual. Each contributing author to the winning Song agrees to provide a completed IRS Form W9 to PGA TOUR upon request. Estimated withholding will be deducted from payment of the prize if required by law.
Participants further acknowledge that the following restrictions apply to participation in this contest:
The contest is open to individuals who are fourteen (14) years of age or older and legal residents of Baker, Clay, Duval, St. Johns or Nassau County, Florida, except employees of PGA TOUR or its subsidiaries and affiliates.
All expenses and costs of participation are the participant’s sole responsibility.
Participation in the contest does not entitle participants to a prize.
Return of finalist notification as undeliverable or inability to reach the participant who uploaded the Song using information provided during Song submission may result in disqualification and an alternate Song may be selected.
Neither the cash payment or tickets awarded nor any portion thereof may be altered, exchanged or transferred. There shall be no substitution of the prize except by PGA TOUR, in its sole discretion.
PGA TOUR reserves the right to cancel, postpone, or stop this contest at any time in its sole discretion. PGA TOUR reserves the right to change or eliminate contest information on the website at any time without notification. PGA TOUR’s decision is final on all matters relating to this contest. By participating in this contest, users agree to be bound by these rules and all decisions of PGA TOUR.
PGA TOUR is not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by any means or by any of the equipment or programming associated with or utilized in the application/website(s) or the promotion or by any human error which may occur in the processing of the submissions in the promotion or for any liability for damage to any computer system resulting from participation in, accessing, submitting or downloading information in connection with the application/website(s) or promotion.
In the event of dispute, submissions will be deemed made by the authorized account holder of the e-mail address utilized at time of submission, as assigned by the provider responsible for assigning e-mail addresses for the associated domain. Potential finalists may be requested to provide proof of account authorization. Internet access and usage charges imposed by the participant’s online service may apply.
PGA TOUR assumes no responsibility for any error, omission, interruption, deletion, defect, delay, failure, theft, destruction or unauthorized access to or alteration of submission nor telephone network or lines, computer online systems, servers, or providers, computer equipment, software, traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, including any injury or damage to participant’s or any other individual’s computer related to or resulting from participation or downloading any Song in the contest.
10. CAUTION: ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PGA TOUR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. This contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these rules shall be governed by the State of Florida.
12. Participation in the contest shall be construed as acceptance of these rules.
TELEVISION, RADIO, MOTION PICTURE, PHOTOGRAPHIC, ELECTRONIC, INTERNET AND SIMILAR RIGHTS/DECLARATIONS:
In consideration of PGA TOUR services in offering this contest, participants (and each participant’s parents and legal guardians on behalf of themselves and on behalf of the minor participant) each hereby grant and assign to PGA TOUR without limitation, individual television, motion picture, photographic, electronic, Internet, “Interactive Applications” (defined below) and all other media rights with respect to the Song. “Interactive Applications” shall mean the presentation of the Song in any medium in a way that permits the viewer to interact with or manipulate the presentation or access other relevant information during the presentation and video games. Participants each also hereby grant and assign to PGA TOUR all right, title and interest throughout the world in and under all copyrightable works in the Song to have and to hold the same unto PGA TOUR, its successors and assigns, forever. Participants each agree to refrain from any action which will interfere with PGA TOUR’s ownership of the rights hereunder granted and assigned to PGA TOUR or with any use thereof.
PGA TOUR may freely use the ideas and concepts embodied in each Song, without any compensation or obligation to the submitting participant, any other contributing author or any third party. Participants and each other contributing author (and each participant’s and each other contributing author’s parents and legal guardians on behalf of themselves and on behalf of the minor participant or contributing author) agree to indemnify PGA TOUR, its officers, directors, employees, licensees and agents (collectively, the “Indemnitees”) from and against any and all claims, expenses, losses or liabilities (including, without limitation, reasonable attorneys’ fees) that may be asserted against any Indemnitee by any third party that claims the Song infringes any intellectual property or other rights of such third party. Participants each acknowledge that no fiduciary or confidential relationship now exists between PGA TOUR and each such participant, and that no such relationships are established between PGA TOUR and each participant by reason of this contest or by reason of submission of a Song.
Participants represent and warrant that they have the appropriate authority to agree to these terms. Agreement with these terms does not constitute and shall not be construed to constitute or create a partnership, joint venture, employer-employee relationship or other confidential relationship between participants and PGA TOUR, and participants understand that they shall have no authority to bind PGA TOUR in any manner whatsoever. These terms are governed by Florida law and constitute the entire agreement between participants and PGA TOUR as to the subject matter. No waiver or amendment to this Agreement shall be binding unless in writing and signed by both parties.
This contest is in no way sponsored, endorsed or administered by, or associated with, Facebook® or Twitter®.
This contest is administered by PGA TOUR, Inc., 100 PGA TOUR Boulevard, Ponte Vedra Beach, FL 32082.