KONTROL MAGAZINE FASHION & MUSIC COVER 2019 NEW ARTIST COMPETITION

THIS COMPETITION. OPEN TO ARTIST OF ALL GENRES WHO ARE 18 YEARS OR OLDER AND AGE OF MAJORITY. SEE FURTHER ELIGIBILITY RESTRICTIONS BELOW. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW. TWO WINNERS (ONE MALE AND ONE FEMALE) WILL SHARE THE KONTROL MAGAZINE FASHION & MUSIC COVER 2019

OFFICIAL RULES

By entering this “Kontrol Magazine Fashion & Music Cover 2019 New Artist Competition” (the “Competition”), individuals submitting entries (each an “Entrant” and collectively, the “Entrants”) accept and unconditionally agree to be bound by these Official Rules (the “Rules”). Public voting will choose the winning entries and a Grand Prize will be awarded in accordance with these Rules. Any violation of the Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Competition are final and binding in all respects.

CONSUMER DISCLOSURE: You have not yet won.

  1. Sponsor. The Competition is sponsored by Kontrol Magazine Fashion & Music Cover (“Sponsor”).
  2. Eligibility. All Entrants must be unsigned musical artist who are eighteen (18) years or older and Age of Majority on the date that the earliest of the Submitted Photographs (defined below) were taken. Void where prohibited or otherwise restricted by applicable law. Employees, representatives, and agents of Kontrol Magazine LLC., and its and their respective parent companies, subsidiaries, affiliates, and their advertising and production companies and any family member or person domiciled with any of the foregoing (collectively, the “Competition Entities”), are ineligible to participate.
  1. How to enter. To enter, visit KONTROLMAG.COM (the “Website”) to do the following.
  • Complete and submit your official entry form. You must provide all information requested.
  • Upload three (3) recent and different photographs of yourself that conform to the specifications required below (the “Submitted Photographs”) using the upload tool and instructions provided on the registration page.
  • Submit 1-2 original songs via youtube link.
  • Post a 1-minute video of yourself singing/or performing an original song on Instagram using the hashtags, #2019KontrolCoverWinner and #Kontromagcontest.

Only the Entrant should appear in the Submitted Photographs. All Submitted Photographs must have been taken on or after Entrant reached eighteen (18) years of age and Age of Majority. Submitted Photographs must not infringe or violate any right of any third party or entity, including but not limited to copyright, right of publicity, and right of privacy. Please check with the photographer to make sure that you have the rights to submit the photographs. Submitted photos should not contain obscene or otherwise offensive content. The determination of whether any image exhibits obscene or offensive content is at the sole discretion of Sponsor. False, deceptive or incomplete entries or other information provided by Entrants though the Competition may render the entry ineligible at any point in the Competition regardless of when the problem is actually discovered.

Sponsor reserves the right to contact an Entrant to request resubmission of one or more of the Submitted Photographs and/or to request that the Entrant submit additional photos. While Entrants may have assistance in entering data and uploading the photographs, each Entrant must otherwise complete the entry forms himself/herself. Any entries submitted by anyone other than the person appearing in the Submitted Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. As set forth in greater detail below, submission of photographs and entry in the Competition constitutes consent to the use of the Submitted Photographs in Kontrol magazine, Kontrol branded digital apps and websites, and otherwise in connection with the Kontrol brand, and in any and all media now known or hereafter discovered for the full duration of the copyright in the applicable Submitted Photographs. By entering into the Competition, Entrant represents and warrants that he/she is eighteen years of age and age majority and owns or controls all necessary rights in the Submitted Photographs to grant Sponsor the rights described herein.

Submission of a qualifying entry grants Sponsor and its representatives and agents the right to publish, use, adapt, edit, and/or modify such entry in any way, in any and all media, without limitation and without consideration to Entrant. Submission of an entry further constitutes Entrant’s consent to irrevocably assign and transfer to Sponsor any and all rights, title, and interest in the entry, including, without limitation, all copyrights reserved.

Except as otherwise permitted herein, only one entry per person will be accepted; all subsequent entries will be disregarded. Entrants may submit their entry forms and photographs using the above procedures anytime during the period between 09/13/19 – 09/30/19 (the “Entry Period”).

  1. Preliminary Period. After entering the Competition, the Submitted Music and Photographs may be placed on the Website, where they may be viewed by visitors to the Website. Entrants may be requested to submit additional music or images (the “Additional Tracks and Photographs”) for publication on the Website, so long as such images do not display offensive content, are not obscene (as determined in the sole discretion of Sponsor), and do not infringe upon the rights of any person or entity, including but not limited to copyright, right of publicity, and right of privacy.
  2. Public voting. During each round of the Competition, individuals who are eighteen (18) years or older and Age of Majority as of the date of voting with a valid kontrol login account (each a “Voter” and collectively the “Voters”) may cast one or more votes for one or more Entrants. Voters can earn credits to vote by doing the following: 1.) Voters will earn one credit every 24 hours (1 credit = 1 vote) by logging in to vote for their favorite Entrant and verifying voter eligibility with a kontrol login account. Qualifying votes shall only be cast in accordance with the instructions as listed in the Competition Terms and Conditions, which can be found on the Website. The winning Entrant(s) of each phase of the competition will be determined based upon the number of qualifying votes received, with those receiving the highest number of qualifying votes along with Judges help deemed the winner(s). “Bot” activity or any kind of robotic or automated voting mechanism is not an acceptable form of voting. If this type of false voting is detected by our server, the associated IP address, email address and Facebook account will be banned from voting. Sponsor reserves the right to disqualify Entrants suspected in partaking in this type of activity, or any other voting activity Sponsor deems unfair in its sole discretion. Sponsor reserves the right, at their sole discretion, to disqualify any individual it finds to be tampering with the entry or voting process or the operation of the Competition.
  3. Competition rounds:
    • The Kontrol Magazine’s Fashion & Music Cover Judging Panel (“Judging Panel”) will do a preliminary screen of all entries for compliance with the Rules and adherence to the judging criteria, as well as hand selecting artist o advance to the initial public voting round. Public voting begins 10/1 and selected Entrants will be divided equally into groups.
    • The “Entry Period” – 09/13/19 – 09/30/19
    • Voting Begins (Starts Oct 1st and Ends Oct 15th) – Public voting will help reduce each group to the top twenty artist.
    • Top 20 (Starts Oct 16th and Ends Oct 25th) – Public voting will help reduce each group to the top ten artist.
    • Winner– Announced during a live stream at Kontrol Industry Brunch on October 27th(We encourage all contestants to attend and network)
  4. Notification to Entrants. Selected Entrants for each round/phase will be notified by email, telephone, or other means reasonably calculated to provide notice. Entrants consent to a background check that may be performed, at the sole discretion of Sponsor, to verify information provided by Entrants and compliance with these Rules, or for other reasons related to the Competition. If you are selected as the Grand Prize Winner, your information may also be included in a publicly available winner’s list.
  5. Grand Prize. The Grand Prize Winners (One Male and One Female) will be photographed to appear on the Cover and have their own separate interview feature spread on KONTROLMAG.COM, (the exact number of edited images for the interview feature to be determined by Kontrol Editorial Staff). The Grand Prize Winner may refer to himself/herself as the “2019 Kontrol Magazine Fashion & Music Cover Winner” in written and descriptive materials but only if such uses and displays are purely non-commercial and in no event suggest or create any confusion whatsoever that Sponsor or Kontrol Magazine LLC. are endorsing or participating in any manner related to the use of its name, logos, or fonts.

The Grand Prize Winners will be photographed exclusively by Blair Devereaux. The Grand Prize Winner must be available for the photo shoot within 8 days after the competition ends, with specific dates to be determined. If the Grand Prize Winner is not available for the photo shoot, an alternate winner may be selected, time permitting, 5 days after the competition ends and Grand Prize will be transferred to the alternate winner.

The Kontrol Magazine Fashion & Music Cover 2019 Grand Prize Winner will be announced on Kontrolmag.com and Kontrol’s Instagram (@KontrolMag). By agreeing to appear as the winner of the Competition, the Grand Prize Winner consents to the use of her name, photos (including the photo shoot, interview, etc), and/or likenesses for advertising and trade purposes in connection with the Kontrol brand, including without limitation, the Kontrol Magazine Fashion & Music Cover Competition and in Kontrol Print and Digital Materials in the United States and any countries where Kontrol-branded Editorial Licensees (as defined below) exist, in any and all media known or hereinafter discovered without territorial or time limitations and without additional compensation, except where prohibited. No Grand Prize substitutions allowed. The Grand Prize Winner must have all necessary identification documents.

  1. Conduct. By entering in this Competition, Entrants agree to Sponsor’s and Kontrol’s use of their name, biographical information and Submitted Music and Photographs for both online and offline direct marketing purposes in connection with the Competition. Entrants further: (i) agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Georgia without giving effect to any choice of law or conflict of law rules, and (ii) irrevocably consent to the jurisdiction and venue of the federal, state, and local courts located in Atlanta, Georgia. Failure to comply with these Rules may result in disqualification. Sponsor reserves the right, in its sole discretion, to disqualify any individual: (a) acting in any manner deemed by Sponsor to be in violation of these Rules; or (b) acting in any manner deemed by Sponsor to be unsportsmanlike, disruptive, and/or with intent to annoy, abuse, threaten, or harass any other person.
  2. Verification of winner. Potential winner will be required to execute an affidavit of eligibility, a liability/publicity release, model release and other documents (“Prize Claim Documents”), as may be required or permitted by law. If any potential winner fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notifications sent, the winner may be disqualified and an alternate winner may be determined/selected. Except where prohibited, acceptance of a prize constitutes winner’s irrevocable consent to Sponsor and Kontrol, its agents’, successors & assigns or other designee’s use of winner’s name, likeness, photograph, voice, statement, opinions, biographical information, prize and/or state/city of residence for advertising & promotional & publicity purposes in any & all media or format, worldwide, in perpetuity, without any permission, notification, payment or consideration except for the awarding of the prizes to the winner. Sponsor is not responsible for any change in address of Entrants. By accepting a prize, the Winner agrees to maintain her behavior in accordance with all applicable laws and generally accepted social practices while participating in any Competition activity, including but not limited to participation in or use of a prize. The Winner understands and further agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the Winner from any activity at any time if Sponsor determines that the Winner’s behavior at any point is disruptive or inappropriate or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the prize providers.
  3. DISCLAIMER AND RELEASE OF LIABILITY. SPONSOR, KONTROL, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE ENTRY INFORMATION, HUMAN ERROR, TECHNICAL MALFUNCTION, FAILURES, OMISSION, INTERRUPTION, DELETION, OR DEFECT OF ANY TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, SERVERS, ACCESS PROVIDERS, OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO PARTICIPANTS OR ANY OTHER PERSONS’ COMPUTER RELATING TO OR RESULTING FROM PARTICIPATION IN THIS COMPETITION; INABILITY TO ACCESS THE ENTRY WEBSITE OR ANY PAGES THEREOF; THEFT; TAMPERING; DESTRUCTION; OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ENTRIES; ENTRY SUBMISSIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE INCOMPLETE, GARBLED, OR LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION OR TRAFFIC CONGESTION ON THE INTERNET OR ANY WEBSITE. PROOF OF ENTERING INFORMATION ON THE WEBSITE IS NOT CONSIDERED PROOF OF DELIVERY OR RECEIPT. ALL DATES SET FORTH IN THESE OFFICIAL RULES ARE APPROXIMATE. SPONSOR RESERVES THE RIGHT TO EXTEND ANY DEADLINES. ALL ENTRIES AND ANY OTHER MATERIALS SUBMITTED (INCLUDING BUT NOT LIMITED TO THE SUBMITTED MUSIC AND PHOTOGRAPHS) BECOME THE SOLE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED. FALSE AND/OR DECEPTIVE ENTRIES OR ACCOUNTS SHALL RENDER ENTRY INELIGIBLE.

ALL DECISIONS OF SPONSOR SHALL BE FINAL AND CONCLUSIVE ON ALL MATTERS RELATING TO THE COMPETITION.

ALL ENTRANTS, SELECTED ENTRANTS, AND THE GRAND PRIZE WINNER RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS SPONSOR, KONTROL, PROMOTION ENTITIES, AND ALL PRIZE PROVIDERS, AND THE OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS OF EACH, FROM AND AGAINST ANY AND ALL LIABILITY WITH RESPECT TO, OR IN ANY WAY ARISING FROM, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, THIS COMPETITION, PUBLICATION OR USE OF THE SUBMITTED PHOTOGRAPHS OR ADDITIONAL PHOTOGRAPHS, ENTRANTS’ NAMES AND LIKENESSES, AND/OR ACCEPTANCE, USE, MISUSE, LOSS, OR MISDIRECTION OF THE PRIZE, INCLUDING LIABILITY FOR PERSONAL INJURY, DEATH, DAMAGES, OR MONETARY LOSS.

IN NO EVENT SHALL SPONSOR, PROMOTION ENTITIES, OR ANY PRIZE PROVIDER BE LIABLE OR OBLIGATED TO AN ENTRANT, SELECTED ENTRANT, GRAND PRIZE WINNER, OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE. THIS SECTION SHALL APPLY TO THE KONTROL EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

All causes of action arising out of or connected with this promotion, or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

  1. Contact Information. If you have any questions or comments about the Competition as outlined above, or would like to request the name of the Grand Prize Winner, please contact Sponsor.
  2. Important. This Competition is not in any manner sponsored, endorsed, or administered by, or associated with, Facebook or Instagram.