Rules & Regulations
SHREDDERS OF METAL COMPETITION OFFICIAL RULES (THE “RULES”)
The Shredders of Metal Competition (“Competition”) is provided and administrated by Banger Films, Inc., 128A Sterling Road, Suite 303, Toronto, ON, M6R 2B7 (“Banger Films”).
1. WHO CAN PARTICIPATE?
To enter the Competition, individuals (the “Participant” or “Participants”) must: (i) be legal residents of Canada (excluding residents of Quebec) and (ii) have reached 18 years old or the age of majority in their province / territory at the time of submission (or with consent of parent / legal guardian if under the age of majority).
Specifically excluded from entering the Competition are: (a) employees, officers, directors, agents, representatives, and advertising and promotional agencies of Banger Films, and its respective subsidiaries and affiliates, as applicable; and (b) any immediate family members (regardless of where they live) of a person excluded under 1(a) or persons with whom a person excluded under 1(a) is domiciled (whether related to that person or not). In these Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partners or spouse. Further, individuals with criminal records are excluded from entering the Competition.
2. COMPETITION PERIODS AND KEY EVENT DATES
The Competition begins March 3rd 2018 at 9:00 AM (EST) and ends on or about April 15th 2018 at 9:00 PM (EST) (dates subject to change) (the “Competition Period”). Submissions will be accepted until March 12th 2018 at noon (EST) (“Submission Deadline”). Following the Submission Deadline, Submissions will be reviewed by the Competition Judges, who will select up to seven (7) Participants to move on in the Competition and compete sometime during April 7th to 15th, 2018 (dates subject to change) (“Final Period”).
During the Final Period, the Selected Finalists will have to compete over a two day period sometime during April 7th to 15th, 2018 in a live performance consisting of approximately six (6) guitar shredding challenges (“Final Challenges”). The Final Challenges will require Selected Finalists to perform individually in various improvised competitions in front of the Competition Judges (defined below), with subsequent eliminations made after each of the Final Period Challenges until only one (1) Participant remains.
3. HOW TO PARTICIPATE
To enter, a Participant must: (i) visit http://bangertv.com/shredders-of-metal; (ii) submit the bio information requested; (iii) submit a link to a maximum three (3) minute video (the “Video”) of the Participant performing an original song on guitar that meets the video criteria (see Rule 5 for “Video Criteria”); and (iv) read and agree to these Rules (one “Submission” or “Submissions”). Only Submissions with all required fields duly completed, with a Video that meets the Video Criteria, and received by the close of the Submission Deadline will be accepted, reviewed and entered in the Competition.
Maximum one (1) Submission per person.
4. VIDEO CRITERIA
Participants must create and upload an original Video to their personal channel (i.e. YouTube, Vimeo, etc.) and include their URL to their Submission in the specified field at http://bangertv.com/shredders-of-metal. The Video must:
- Not exceed 3 minutes;
- Be an original song;
- Must comply with YouTube Community Guidelines and Vimeo Guidelines, as applicable;
- Feature the Participant performing their original song; and
- Comply with Participant’s Representations and Conditions as set forth under Rule 8.
5. HOW FINALISTS ARE SELECTED
As Submissions are received, representatives from Banger Films (collectively the “Competition Judges”) will review all eligible Submissions based on the following criteria:
- Eligibility as set forth under Rule 1;
- All of the Video Criteria set forth under Rule 4;
- The creativity, calibre, energy, quality of the Participant’s song;
- The flare and technique of the Participant; and
- Subsequent video phone interview
Within five (5) business days following the Submission Deadline, the Competition Judges will conduct a short video phone interview with hand-picked Participants and will select up to seven (7) Submissions from all eligible Submissions to move forward to become a selected finalist (“Selected Finalist” or “Selected Finalists”) to compete in the live Final Period. A call for an interview does not guarantee selection as a Finalist.
Selected Finalists will have 48 hours to: (i) confirm they wish to continue to the Final Period; (ii) confirm they can and will attend the Final Period in Toronto, ON at their own expense, and (iii) sign and return a Declaration and Release form stating that he/she has read, understood and complied with these Rules and releasing the Releasees from any and all liability from the aforementioned (“Finalist” or “Finalists”).
During the Final Period, each Finalist will compete in up to six (6) Final Challenges before the Competition Judges. After each Final Challenge, the Finalist with the lowest score will be eliminated and the remaining Finalists will move forward and compete in the next Final Challenge. This process will repeat until only one (1) Finalist remains.
During activities related to the Final Period, a Finalist who is a minor must travel with and be accompanied at all times by a parent or legal guardian.
BANGER FILMS IS NOT REPONSIBLE FOR FINALISTS ATTENDING FINAL PERIOD. Participants hereby understand and acknowledge that they are responsible for the cost of travel and participation in the Final Period in Toronto, ON. For clarity but without limiting, Participants are responsible for all transportation and accommodation charges that may be incurred, including, but not limited to, airfare, baggage check charges, upgrade charges, in-flight snacks and entertainment, gas, ground transportation to and from both the departure and arrival airports and hotels. Finalists are also solely responsible for any and all additional charges incurred, including but not limited to food and beverages, insurance and other personal expenses.
6. SUBMISSION VERIFICATION
All Submissions are subject to verification. Proof of submission does not constitute proof of receipt. Participants agree to abide by these Rules. All Submissions that are incomplete, illegible, damaged, irregular, have been submitted through illicit means, or do not conform to or satisfy any condition of the Rules may be disqualified by Banger Films. Banger Films takes no responsibility for lost, stolen, delayed, damaged, misdirected, late or destroyed Submissions, typographical or other production errors, or any errors or omissions in printing or advertising related to this Competition. A Participant may be required to provide proof that he/she is the individual associated with their Submission.
Any attempt by any Participant, to obtain more than the stated maximum number of Submissions by using multiple/different names, email addresses, accounts, identities, registrations and logins, or any other methods, or has entered or participated in any fashion not sanctioned by these Rules will void that individual’s Submission and will be disqualified from the Competition and, at the sole discretion of Banger Films, any of Banger Films’ other promotions.
7. PARTICIPANTS CONDITIONS AND REPRESENTATIONS
Participants shall ensure that the uploaded Video is true and genuine and is not obscene, threatening, harassing, libelous, deceptive, fraudulent and invasive of another’s privacy, offensive, defamatory of any person or otherwise illegal. Participants warrant that the content he/she submits to the Competition does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. Participants agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Competition to post or otherwise transmit content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Competition website or any other telecommunications or technology affiliated with the Competition; (iv) upload or otherwise transmit any content, or take any other actions with respect to a Participant’s use of the Competition, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Competition for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services. By participating in the Competition, Participants warrant that he/she is participating in this Competition voluntarily and all information submitted by Participants, is true, current and complete, and agree to abide by these Rules and the decisions of Banger Films with respect to all aspects of the Competition, which decisions are final.
8. RELEASES AND DISCLAMER
By entering the Competition, Participants agree to forever release, discharge and hold harmless Banger Films, and their parent, related or affiliated companies, affiliates, subsidiaries, their advertising and promotional agencies and their respective officers, directors, employees, partners, representatives, successors, assigns and agents (the “Releasees”), from any and all damages, injuries, death, loss, or liability to person or property, due in whole or in part, whether directly or indirectly, by (a) entering and participating in the Competition, including any part related to the Competition, (b) travel to and from any Competition-related event, and (c) any claims based on personality, privacy rights or defamation. By participating, Participants agree to be bound by these Rules, including all eligibility requirements, and to the decisions of Banger Films, Competition Judges, as applicable, whose decisions are final and binding in all respects. Failure to comply with these Rules may result in disqualification from the Competition.
No responsibility or liability is assumed for any computer, telephone, cable, network, satellite, electronic or hardware or software malfunctions, failures, connections, traffic congestion, labour unrest, or unauthorized human intervention, or the incorrect or inaccurate capture of Submission or other information, or the failure to capture any such information.
9. LICENSE ASSIGNMENT
By providing a Submission to the Competition, including the Video, Participants: (i) grant to Banger Films, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Submission, in whole or in part and a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the original song contained in the Video, in connection with the Competition and for advertising or promoting the Competition or for any other reason, including any audio-visual production featuring the Competition or Submissions; (ii) waive all moral rights in and to the Submission in favour of Banger Films; and (iii) agree to release and hold harmless the Releasees and each of their respective agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For clarity, the foregoing means that we have the unrestricted right to use the original song contained in your Submission in connection with the Competition and the promotion and marketing of the Competition, but that you continue to own copyright in the original song contained in your Submission.
10. LIMITATION OF LIABILITY
Banger Films will not be responsible for mail, telephone, technical, network, online, electronic, computer hardware or software interruptions or failures of any kind, misdirected, stolen, incomplete, incomprehensible or delayed Internet / e-mail computer transmissions on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to a Participant’s or any other person’s computer relating to or resulting from participation or downloading any materials in this Competition.
If for any reason in the opinion of Banger Films, in their sole discretion, the Competition is not capable of running as planned or if the administration, security, fairness, integrity, or proper conduct of the Competition is corrupted or adversely affected, including without limitation by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes, Banger Films reserves the right to cancel, terminate, modify or suspend the Competition, including without limitation, the dates and location of filming the Final Period Challenges or the extension or modification of the Competition start and end dates.
11. LEGAL WARNING
Any attempt by any individual, whether or not a Participant, to damage, destroy, tamper or vandalize the Competition website or otherwise interfere with the operation of this Competition, is a violation of criminal and civil law and Banger Films reserves the right to seek damages and diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.
These are official Rules. This Competition is subject to federal, provincial and municipal laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of Participants and Banger Films in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the Province of Ontario. These Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over Banger Films.
By entering this Competition, each Participant consents to the use of his/her name, address (city and province/state), likeness, biographical information, photograph, video, recording, voice, Submission information and Video, and statements without further remuneration, in connection with any publicity carried out by or on behalf of Banger Films, for advertising and/or publicity purposes in any and all media (now or hereafter known) throughout the world, in perpetuity without compensation, notification, or permission, unless otherwise prohibited by law.