BATTLE OF THE BANDS

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Battle of the Bands Contest (hereinafter the “Promotion”) is open to Nevada residents twenty-one years of age or older. Bands that consist of three (3) individuals, performing on at least three (3) different modalities i.e. vocalist, guitar, bass, etc., are eligible for entry (“Entrants”). All Entrants must be available to perform during the entire promotion period as stated below. Employees of LFDTP LLC (“Sponsor”) its’ respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, Entrants agree to be fully and unconditionally bound by these Official Rules, and Entrants represent and warrant that they meet the eligibility requirements set forth herein. In addition, Entrants agree to accept the decision(s) of Sponsor as final and binding as it relates to the content. The Promotion is subject to all applicable federal, state, and local laws.
3. Promotion Period: The promotion period will begin on April 7, 2023 and is scheduled to end on April 28, 2023 (“Promotion Period”). Entrants selected to participate in the Promotion will be notified on or before July 7, 2023. In the event of inclement weather or other uncontrollable events, Sponsor reserves the right to extend the Promotion Period up to September 1, 2023 and also reserves the right to reschedule any planned performances.
4. How to Enter: 1) All Entrants must submit a song demo via a link to a press kit, a link to a website, a link to a SoundCloud account, a link to a YouTube upload, or a link to a Facebook page to www.goldspike.com/botb on or before April 7, 2023 (“Submission”). No uploads will be accepted. The Submission must contain at least four (4) songs, with both two (2) original songs and two (2) cover songs performed by the Entrant. The original songs contained in the Submission must be designated by the Entrant. Entrant certifies that the original songs contained in the Submission are their own. The Submission will be judged on 1) Music (clarity, musical composition, lyrical content, and overall performance) and 2) Original Material. From all Submissions, nine (9) Entrants will be selected to participate in the competition. The nine (9) Entrants selected must be available during the entire Promotion Period, with each Entrant performing live in front of a panel of judges and an audience starting on April 7, 2023 and ending on April 21, 2023 (the “Initial Event”). During the Initial Event, a total of four (4) Entrants will be selected to perform on April 28, 2023 (“Final Event”). On each Sunday during the Initial Event (April 7, 2023, April 14, 2023, and April 23, 2023), three (3) of the nine (9) Entrants will perform. The date and order of the Entrants’ performance will be selected at random. Each Entrant must be able to perform a live set for a total of forty-five (45) consecutive minutes. Entrants will receive a point score based on the scoring criteria set forth below. The Entrant with the highest total point score from each week will advance to the Final Event. The fourth (4^th) Entrant selected to advance to the Final Event will be the determine by a crowd vote (“Wild Card Fan Favorite”). The Wild Card Fan Favorite will be determined as follows: In advance of their performance date, Entrants selected to participate in the Promotion will receive a set number of “tickets” that include the name of their band and/or their band logo, the exact format to be determined by the Sponsor (“Wild Card Tickets”). Entrants will be encouraged to hand out Wild Card Tickets to increase attendance at their performance. The Wild Card Tickets will then be collected by Sponsor at each performance during the Initial Event. After the completion of the Initial Event, the number of collected Wild Card Tickets will be tallied by the Sponsor. Entrants that were not selected for the Final Event based on their total points score will be eligible to advance to the Final Event if they are selected as the Wild Card Fan Favorite. Entrants with the highest number of Wild Card Tickets collected during the duration of the Initial Event will be selected as the Wild Card Fan Favorite. The Wild Card Fan Favorite will be announced during the week prior to the Final Event. All performances will take place at the Gold Spike, 217 N. Las Vegas Blvd., Las Vegas, NV 89101 (“Venue”).
5. Social Media Requirements: Entrants participating in the Initial Event will be required to post a minimum of two (2) times per week on a specified social media platform during the Promotion Period (“Posting Requirements”). Posting Requirements do not apply following elimination from the Promotion. The accepted social media platforms for the Posting Requirements will be Facebook and Instagram. Entrants are encouraged to post on additional social media platforms however, posting to additional platforms does not count toward the Posting Requirements. Entrants that do not meet Posting Requirements will have one (1) point deducted from their total point score for each week of non-compliance during Initial and Final Event.
6. Scoring Criteria and Judging Scale: The panel of judges will consist of a minimum of three (3) judges and a maximum of five (5) judges (“Scoring Panel”). The bands will be judged on five (5) criteria with points being assigned for each criterion. During the Initial Event, Entrants scoring the highest point total will be advanced to the Final Event. The criteria that will be used by the Scoring Panel are 1) Music (clarity of sound, musical composition, lyrical content, and overall performance) with a possible point score ranging from 1 to 10 points, 10 points being the highest; 2) Stage Presence, with a possible point score ranging from 1 to 5 points, with 5 points being the highest; 3) Appearance and Personality, with a possible point score ranging from 1 to 5, with 5 points being the highest; 4) Original Material, with a possible point score ranging from 1 to 10, with 10 points being the highest; and 5) Crowd Vote, with the winner of the crowd vote receiving additional points as follows: 1st Place: 10 additional points; 2nd Place: 7 additional points; 3rd Place: 5 additional points. The winner of the Crowd Vote will be determined using a measure of crowd volume following all performances during the Initial Event. The highest possible points score is 40 points. The same scoring criteria and judging scale will apply to both the Initial Event and the Final Event. In the event of a tie in total points, the tied Entrants will select a member of their band to perform a solo act. The winner of the solo act will be determined by the panel of judges and their band will determined to be the winner of the tie breaker.
7. On Stage Conduct: During the Initial Event, the Final Event, and any time Entrants are present at the Venue, Entrants shall adhere to the Code of Conduct, hereby incorporated as “Exhibit A” to the Official Contest Rules. By entering the Promotion, Entrants acknowledge that they have read and agree to abide by the Code of Conduct. Any violation of the Code of Conduct will result in immediate disqualification from the Promotion.
8. Prizes: All Entrants selected to participate in the Initial Event will receive a prize in the amount of one hundred and 0/100 Dollars ($100.00). The first (1^st) place winner will receive: one-thousand and 0/100 dollars ($1000.00) cash, a gift card valid to certain properties owned by Sponsor in the amount of five-hundred and 0/100 dollars ($500.00), and a recording session at National Southwestern Recording, located at 11^th Street Records, 1023 Fremont St, Las Vegas, NV 89101 (Approximate Retail Value (“APR”) of $500.00 USD). Total APR of the 1^st place price is two thousand and 0/100 dollars ($2,000.00). The Second (2^nd) place winner will receive five hundred and 0/100 dollars ($500.00), and a gift card valid to certain properties owned by Sponsor in the amount of two hundred fifty and 0/100 dollars ($250.00). The total APR of the 2^nd place prize is seven hundred fifty and 0/100 dollars ($750.00). Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Sponsor and its affiliates to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
9. Odds: Odds of winning are based on number of entries received.
10. Winner selection and notification: The winner(s) will be determined by the judging criteria set forth below and will be notified following the conclusion of all performances and tallying of the total points score at the Final Event. All decisions are final and based off the sole discretion of the host and judges.

The receipt by winner of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES OR THE CODE OF CONDUCT BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE PROMOTION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

11. Rights Granted by you: By entering this promotion, you understand that LFDTP LLC and its affiliates, anyone acting on behalf of Sponsor, or its respective affiliates, licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry an winner’s name, portrait, picture, voice, likeness, image or statements about the Promotion, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.
12. Terms: LFDTP LLC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion should (in its sole discretion) non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion. In such case, Sponsor may select the recipients from all eligible participants received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Promotion or website or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Promotion, to void votes for any reason. Unless you opt-out during the entry, by entering the Promotion you agree to receive certain marketing communication and special offers from Sponsor and its affiliates.
13. Limitation of Liability: By entering the Sponsor’s premises, you agree to release and hold harmless LFDTP LLC and its’ subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the promotion and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) unauthorized human intervention in any part of the entry process or the Promotion; (iii) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
14. Disputes: THIS PROMOTION IS GOVERNED BY THE LAWS OF NEVADA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Promotion, shall be resolved individually, exclusively before a court located in Clark County, Nevada having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased.
15. Copy of Official Rules: Copy of the official rules are available at www.goldspike.com/botb. Rules will be available to view until November 30, 2018.
16. Sponsor: The Sponsor of the Promotion is LFDTP LLC, PO Box 7516, Las Vegas, NV 89125.

EXHIBIT “A”

CODE OF CONDUCT

1. Any criminal behavior by any Entrant during the Initial Event, the Final Event, or while at the Venue, will result in automatic disqualification. Examples of criminal behavior include but are not limited to: Use or possession of illicit or illegal substances; threats of or participation in acts of violence; fraud; theft; damage or destruction of property; and/or facilitation of underage drinking.
2. Entrants shall not use threatening, abusive, harassing, or discriminatory language, or hate speech, during the Initial Event, the Final Event or while at the venue, while addressing the crowd on stage, while off stage and present at the Venue, or in any social media posts.
3. Throwing items from the stage, jumping into the crowd, climbing on the stage elements, on stage nudity, or damaging the stage or sound gear will result in automatic disqualification. Entrants will be responsible for any damages they cause to the sound equipment or facilities.
4. Entrants shall not wear any clothing or display any images during the Initial Event, Final Event, while at the venue, or in their social media posts, that contain obscene or pornographic images.
5. Any misrepresentations made by any Entrant during the Submission or the Promotion Period may result in disqualification from the Promotion.