2023 NPR Music Tiny Desk Contest – Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA, THE U.S. VIRGIN ISLANDS, AND PUERTO RICO, AT LEAST EIGHTEEN (18) YEARS OF AGE (OR THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE IF HIGHER THAN 18) AT THE TIME OF ENTRY. VOID IN ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE, AND WHERE PROHIBITED.
1. SPONSORS. The 2023 NPR Music Tiny Desk Contest (the “Contest”) is administered by National Public Radio, Inc. (“NPR”), a District of Columbia nonprofit corporation with principal offices at 1111 North Capitol Street, NE, Washington, DC 20002. Capital One Services, LLC, a Delaware limited liability company (“Capital One”) with principal offices at 1680 Capital One Drive, McLean, VA 22120, and Guayakí Sustainable Rainforest Products, Inc., more commonly known as Guayakí (“Guayakí”) with principal offices at 6784 Sebastopol Avenue, Sebastopol, California 95472, are presenting sponsors of the Contest. NPR, Capital One and Guayaki are referred to collectively in these Official Rules as the “Sponsors.”
2. SUMMARY. The Contest is a video submission contest offering the opportunity for musicians to compete for an opportunity to either: (a) win a trip to perform live at NPR’s headquarters in Washington, DC and have that performance produced and distributed as part of NPR’s Tiny Desk series; or, alternately, in NPR’s sole discretion, (b) an opportunity to have a performance featured in a video produced by NPR at another location to be distributed as part of the Tiny Desk at Home series. In addition, winners may have the opportunity to perform at NPR Music live events occurring during the months of June and July 2023 at venues to be determined by NPR.
Various NPR Member Stations may choose, at their sole discretion, to award independent prizes to an Entrant or Entrants (as defined below) from their local area. Any prize awarded to an Entrant from an NPR Member Station is separate from these Official Rules and governed solely by rules established by that NPR Member Station. NPR and other Sponsors shall have no responsibility for fulfilling any prize offered by an NPR Member Station.
3. IMPORTANT DATES. The Contest submission period begins at 10:00 a.m. E.T. on February 7, 2023 and ends at 11:59 p.m. E.T. on March 13, 2023 (the “Submission Period”). NPR’s clock is the official timekeeping device for the Contest. Entrants may begin posting Entry Videos (as defined below) to YouTube as early as January 9, 2023.
The Contest judging period begins on or about March 14, 2023 and ends on or about April 21, 2023 (the “Judging Period”).
The Grand Prize Winner will be publicly announced on or about May 9, 2023. NPR shall attempt to notify the potential Grand Prize Winner on or about May 2, 2023.
4. ELIGIBILITY. The Contest is open only to individual musicians or groups of musicians (each an “Entrant”) who are all residents of the fifty (50) United States, the District of Columbia, the U.S. Virgin Islands, or Puerto Rico. Void in all jurisdictions other than those stated above and where prohibited or restricted by law. Each Entrant (or member of an Entrant, if a group) must be at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence if higher than 18) at the time of entry. The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of any Sponsor, and Sponsors’ parents, subsidiaries and affiliated companies, NPR Member Stations, advertising and marketing agencies involved in the Contest, and any other parties involved in the administration of the Contest, and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings, and the “steps” of each) and all persons living in the same household of each such individual.
As of February 7, 2023 (or the date Entrant posts their Entry Video to YouTube, if earlier), and through May 9, 2023, no Entrant (or member of an Entrant, if a group) may have a recording contract or be bound by any obligations to any third party that would conflict with the rights, or interfere with the Sponsors’ exercise of the rights, granted herein.
Entry constitutes each Entrant’s certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements set forth in these Official Rules. NPR reserves the right to verify and confirm each Entrant’s (and, if Entrant is a group, each group member’s) age and compliance with other eligibility requirements.
Each Entrant (or each member of an Entrant, if a group) must appear and perform music in the Entry Video (as defined below) to be eligible to win a prize. Any individuals who do not perform music in the Entry Video or do not appear in the Entry Video, including without limitation, other musicians, producers, engineers, mixers or managers, will not be eligible to win a prize.
5. HOW TO ENTER.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
To enter, an Entrant must:
A. Create a short video under ten (10) minutes in length, depicting such Entrant’s performance of a single, original song and recording (the “Song”) at a desk (any desk!) (the “Entry Video”).
B. Upload an embeddable, publicly viewable recording of the Entry Video that complies with these Official Rules to YouTube by the end of the Submission Period. Entrant (or a member of Entrant, if a group) will be required to have a YouTube account set to public throughout the Judging Period. Such accounts are free to establish. Entrant (or the members of Entrant, if a group) shall be subject to YouTube’s terms, guidelines and policies in posting content on YouTube’s platform, including YouTube Community Guidelines found here: https://www.youtube.com/howyoutubeworks/policies/community-guidelines/.
C. After uploading an Entry Video, an Entrant (or any member of an Entrant, if a group) must fully complete and submit the submission form available at http://www.npr.org/tinydeskcontest (the “Submission Form”) during the Submission Period. On the Submission Form, each Entrant must provide: their name (or the name of all members of an Entrant, if a group); the name of the Entrant’s group, if applicable; the name of the songwriter or songwriters (such individual(s) must be member(s) of Entrant); a link to the Entry Video hosted on YouTube; the music genre of the Entry Video; an e-mail address and zip code for the Entrant (and each member of the Entrant, if a group); the name of the individual who recorded the Entry Video and an e-mail address to contact that individual; a certification that the Entrant (or all members of an Entrant, if a group) meet the eligibility requirements stated in Section 4 above and agree to the terms of these Official Rules and a license grant consistent with the rights granted herein.
An Entrant may only submit one (1) entry in the Contest.
AN ELIGIBLE ENTRANT MUST SUBMIT AN ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Sponsors are not responsible for late or unsuccessful attempts to enter. Incomplete, corrupted, untimely, or unintelligible Entry Videos or Submission Forms will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Entrant’s sole remedy is another entry in the Contest to the extent the submission of an additional entry is deemed feasible by NPR in its sole discretion.
Entrant must cooperate with all requests for additional information or documents that the Contest judges or NPR may request in order to verify eligibility and compliance with these Official Rules.
6. ENTRY GUIDELINES.
Entry Videos must:
• feature a desk (there must be a desk—any desk—in the Entry Video);
• contain a Song that is the original work of the Entrant (or one or more Entrants if a group) (covers will not be accepted);
• be created specifically for the Contest and not posted to YouTube prior to January 9, 2023 at 10:00 AM E.T. (Entry Videos that were submitted to previous NPR Music Tiny Desk contests or to any other contest or competition will not be accepted);
• be a maximum of ten (10) minutes in length;
• be appropriate for the general public; and
• be uploaded to YouTube in any format acceptable to YouTube.
Entry Videos must NOT, and Entrant by entering the Contest, represents and warrants that the Entry Video does not:
• contain material that violates or infringes another’s rights, including, but not limited to, privacy, publicity, copyright, trademark, trade secret, trade dress, and other intellectual property rights;
• require any Sponsor or any third party to pay any monies or royalties to any Entrant or any third party for use of the Entry Video in accordance with these Official Rules;
• include any individual who is not a member of the Entrant (including but not limited to minors, celebrities, and friends);
• disparage Sponsors or any other person or party affiliated with the promotion and administration of the Contest, or such parties’ products or services;
• contain material that is indecent, lewd, pornographic, obscene, profane, hateful, defamatory, slanderous or libelous;
• promote discrimination against or contempt for other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or disease;
• contain any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or other computer programming routines that are intended to interfere with or cause harm to any website, computer, device or software;
• contain material that violates any federal, state, or local laws or ordinances.
By submitting an Entry and/or posting a Entry Video, Entrant further represents and warrants that:
• The Song, including the musical composition, are Entrant’s original work of authorship and Entrant is the sole creator and author of the Song, including the musical composition.
• The Entry Video is Entrant’s own original work of authorship or that Entrant has all rights necessary (including from the members of Entrant, if a group) to submit the Entry Video, including without limitation, the title or rights in any content, trademarks, artwork, text, and/or music featured in the Entry Video;
• Entrant has the right to grant Sponsors the rights and licenses to use the Song, including the musical composition, and Entry Video as set forth in these Official Rules;
• Entrant has secured the appropriate rights and licenses from any individual who created or contributed to the Entry Video (including all managers, videographers, producers, engineers and mixers) to (a) submit the Entry Video to the Contest and (b) grant Sponsor the right to use the Entry Video in accordance with Section 10 (“Grant of Rights”).
• There are no limits on the rights of the Entrant (or member of an Entrant, if a group) to enter this Contest; and
• No Entrant (or member of an Entrant, if a group) will enter or has entered into any agreement or assume any obligation that limits the right or ability of that Entrant (or member of that Entrant, if a group) to participate in the Contest, perform in any Performance related to the Contest, or grant to Sponsors the specified rights and licenses as contemplated herein (including any recording or publishing contract).
Each Entrant agrees to indemnify and hold the Participating Parties (as defined below) harmless from any claims, liabilities, losses, and costs (including reasonable attorney’s fees) arising from any alleged breach of the above representations and warranties.
An Entrant should be able to provide, within three (3) days of request by a Sponsor or any Contest judge, all appropriate clearances, permissions, and releases necessary or reasonably requested for the Entry Video and Song to be made publicly available and used by Sponsors in any media and for any purpose, including signed releases and licenses from the Entrant (including all members of the Entrant, if a group), the videographer and any other creative personnel who participated in creating the Entry Video. Entrant’s failure to timely provide such clearances, permissions and releases may lead to disqualification of the Entrant and their entry, in NPR’s sole discretion, and forfeiture of their rights and interest in the prizes.
NPR reserves the right, in its sole discretion, to disqualify any entry if NPR or the Contest judges do not believe that such entry complies with these Entry Guidelines or any other terms and conditions of these Official Rules. NPR may (in its sole discretion) decide to allow room for minor deviations from the above representations and warranties, but only if Entrant’s intent to comply with such representations and warranties is clear. NPR further reserves the right to request that an Entrant re-shoot, edit, or re-submit an Entry Video that NPR believes may violate third-party rights, although NPR has no obligation to make such a request or to notify any Entrant of any potential or suspect infringements or violations of third-party rights. NPR further reserves the right, in its sole discretion, to disqualify any entry it believes is not consistent with the spirit and theme of the Contest.
7. JUDGING CRITERIA. There will be two (2) rounds of judging. Initially, all eligible entries that meet the requirements under these Official Rules will be reviewed by a panel of preliminary judges selected in NPR’s sole discretion, that will consist primarily of members of NPR Music (the “Preliminary Judges”). Entry Videos will be judged on the following criteria:
40% – Musical Quality and Appeal
40% – Originality
20% – Stage Presence and Charisma
The Preliminary Judges will select approximately one hundred (100) Entry Videos as finalists. A different panel of at least six (6) judges, including NPR’s Bob Boilen and industry experts selected by NPR in their sole discretion (the “Final Judges”) will then judge these finalists and select a single potential Grand Prize Winner based on the following criteria:
40% – Musical Quality and Appeal
40% – Originality
20% – Stage Presence and Charisma
From time to time, Sponsors may choose to promote the Contest by asking the public to vote for their favorite Entry Video from a group of Entry Videos selected by Sponsors in their sole discretion. In such instances, the vote will be for promotional purposes only, and the Entry Video that receives the most votes from such a promotion will not receive any prize or grant of rights from Sponsors.
8. WINNER NOTIFICATION AND ANNOUNCEMENT. NPR shall attempt to notify the potential Grand Prize Winner (as defined below), as determined by the Final Judges, by e-mail (via the e-mail address listed on the Submission Form) on or about May 2, 2023, and the potential Grand Prize Winner will be required to respond (as directed) to the notification attempt within forty-eight (48) hours of such notification. The potential Grand Prize Winner (or all members of the potential Grand Prize Winner, if a group) will be required to execute and return a notarized affidavit of eligibility and liability/publicity release (where legally permissible) and other documents required by Sponsors within a reasonable amount of time, as determined by NPR in its sole discretion, including, but not limited to, NPR’s Tiny Desk Concert Performance Release and any clearances, permissions, releases and/or licenses in connection with the Song, including the musical composition, and Entry Video.
If the potential Grand Prize Winner (or any member of the potential Grand Prize Winner, if a group) (a) does not timely respond to NPR’s notification, (b) fails to timely sign and return the affidavit of eligibility and liability/publicity release (if applicable) or any other documents requested by a Sponsor, (c) fails to timely provide any documents requested by Sponsor (including clearances, permissions, licenses and/or releases, or (c) is unavailable to travel and participate in the Tiny Desk Performance on the date(s) specified by NPR, the potential Grand Prize Winner may be disqualified, at NPR’s sole discretion, and forfeit any and all interest in the prizes and NPR may select an alternate Grand Prize Winner according to the Final Judges’ results. NPR reserves the right to extend or modify the winner notification and announcement schedule as NPR deems necessary in its sole discretion to complete the verification process contemplated by these Official Rules and/or to select an alternate Grand Prize Winner.
9. PRIZES. One (1) “Grand Prize”: The Grand Prize winning Entrant (including all members of the grand prize winning Entrant, if a group) (the “Grand Prize Winner”), will receive the opportunity to perform live at NPR’s headquarters in Washington, DC in May 2023 on a date to be determined to perform the Song and have that performance produced and distributed as part of NPR’s Tiny Desk series, or, if NPR determines that it is impracticable to hold the performance at NPR’s headquarters, NPR may in their sole discretion permit the recording of the Song in an alternate venue, which will then be produced and distributed as part of NPR’s Tiny Desk at Home series (either performance, the “Tiny Desk Performance”). In addition, Entrant may have the opportunity to perform at one or more NPR Music live events occurring during the months of June and July 2023 at venue(s) to be determined by NPR (these performances, along with the Tiny Desk Performance, collectively the “Performances”). NPR and the other Sponsors do not guarantee that any Performances will take place.
The Grand Prize Winner (including all members, if a group) must be available to perform the Tiny Desk Performance in Washington, DC in May 2023 (exact date to be determined by NPR) and any other Performance, as a part of NPR Music live events, during the months of June and July 2023 on dates and venues to be determined by NPR. In the event that all members of the Grand Prize Winner (if a group) who performed in the Entry Video are unable to travel or perform in connection with all of the Performances contemplated by these Official Rules, NPR reserves the right, in its sole discretion, to (i) disqualify the Grand Prize Winner and cause the Grand Prize Winner to forfeit any remaining prizes; (ii) cancel the affected Performance without any obligation to provide a substitute performance opportunity or other compensation to the Grand Prize Winner; or (iii) allow the Grand Prize Winner to substitute a new eligible performer for the missing group member subject to the execution by such performer of any affidavits of eligibility, releases, and other agreements that Sponsors may require.
Current policies require any visitors of NPR’s headquarters to provide evidence that they are fully vaccinated against COVID-19 (in the form of a copy of their CDC vaccination card) before accessing NPR’s headquarters. These policies are subject to change. The Grand Prize Winner (including all members, if a group) must be able to comply with any NPR visitor policies (including any rules in connection with COVID-19). If the Grand Prize Winner (or any members, if a group) is unable to comply with NPR’s then-current visitor policies, they may be disqualified, at NPR’s sole discretion, and forfeit any and all interest in the prizes and NPR may select an alternate Grand Prize Winner according to the Final Judges’ results.
Except at the sole discretion of NPR, the Grand Prize cannot be transferred or assigned to another person and cannot be substituted or redeemed for cash or any cash equivalent. All prizes are subject to availability.
NPR will determine, in NPR’s sole discretion: (a) the song list and number of songs that will be played at the Performances; (b) the exact date(s) of travel and itinerary for the Performances; (c) when and whether to hold the Performances and the number and locations of any Performances in light of economic considerations (including the availability of sponsor support), the ongoing COVID-19 health crisis, indications of public safety, recommendations or advisories of public health authorities or agencies, rules and regulations of governmental or quasi-governmental entities, as well as other practical considerations.
If travel is required as part of the Grand Prize, each member of the Grand Prize Winner will receive, in NPR’s sole discretion: (a) either round-trip bus, coach train, or coach airfare from a station or airport within reasonable proximity to such individual’s home address, as determined by NPR in its sole discretion, to the locations for each of the Performances; (b) one (1) night standard, double occupancy hotel accommodations in a location selected by NPR in its sole discretion near the Performances; (c) transportation (or reimbursement for public transportation) for any trips made by the Grand Prize Winner between the local station, airport, or hotel and each of the Performances; and (d) three (3) meals or, if meals are not provided by NPR, reimbursements for three (3) meals at a maximum amount of Twenty-Five Dollars ($25) per person per meal, with documentation of expenses, for each of the Performances.
ALL TRAVEL RESERVATIONS ARE SUBJECT TO AVAILABILITY. NO CHANGES ARE PERMITTED ONCE ANY TRAVEL RESERVATIONS HAVE BEEN MADE, EXCEPT WITH THE WRITTEN APPROVAL OF NPR. Transportation (including airlines) and hotels will be selected at the sole discretion of NPR. All other costs covered or reimbursed by Sponsors must be reasonable and pre-approved by NPR. All travel must be completed on dates, times, and to/from stations or airports designated and/or approved by NPR. All other travel-related fees and expenses not specifically mentioned herein are solely the responsibility of the Grand Prize Winner. With respect to any musical equipment the Grand Prize Winner requires to perform, the Grand Prize Winner is solely responsible for shipping or transporting any equipment necessary to perform at the Performances. Sponsors may decide, in their sole discretion, to provide or transport equipment where feasible, but Sponsors have no obligation to do so.
Sponsors will not pay for travel, lodging, or meal costs for any individuals, including without limitation, other musicians and managers, who are not a member of the Entrant, as listed on the Submission Form.
Sponsors have no responsibility for the Grand Prize Winner’s inability or failure to accept or use any part of the prize as described herein. It is the responsibility of the Grand Prize Winner to arrive at the airport on time for their departure and obtain and possess all required travel documents. Sponsors have no responsibility for lost or stolen tickets and/or travel documents, baggage, flight delays, or any other occurrences beyond its control. No refunds or credit for changes are allowed, and no refunds or compensation will be made in the event or delay of any flight or portion of it. All travel tickets are subject to terms and conditions stated on tickets. All members of the Grand Prize Winner must have valid identification and any other documents necessary for air travel and must comply with all check-in requirements, including the presentation of a major credit card. All airline tickets issued in connection with the prize are not eligible for frequent flyer miles or upgrades and cannot be used in conjunction with any other promotion or offer. The Grand Prize is provided “as is” without warranty of any kind. The Grand Prize Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that Sponsors have not and will not obtain or provide travel insurance or any other form of insurance. Sponsors are not liable for any travel cancelled or prizes forfeited due to a force majeure event (including without limitation, events related to the propagation of the COVID-19 virus).
The approximate retail value of the Grand Prize for one individual is Five Thousand Dollars ($5,000). The actual value of the Grand Prize will depend on the number of members of the Grand Prize Winner, as well as the city of origination and the mode of transportation for each member of the Grand Prize Winner and the number of Performances. The difference between the approximate retail value and the actual value of the Grand Prize will not be awarded. In no event will more than one (1) Grand Prize be awarded.
The Grand Prize Winner (or each member of the Grand Prize Winner, if a group) will be solely responsible for any and all federal, state, and/or local taxes, and all fees and expenses resulting from acceptance of any and all prizes associated with this Contest, including but not limited to taxes, tips, entertainment, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, incidentals, transfers, transportation to a station or airport to and from each Grand Prize Winner’s home residence, and other expenses. The Grand Prize Winner (including each member, if a group) agrees to provide NPR with a valid social security number or any other information required in connection with applicable tax reporting requirements or other laws or regulations.
In the event a Grand Prize Winner (or any member of the Grand Prize Winner, if a group) engages in behavior that (as determined by NPR in its sole discretion) is obnoxious or threatening, illegal, intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or goodwill of Sponsors or any of Sponsors' services, products, trademarks, service marks, or logos, NPR reserves the right to terminate the travel and Performances early, and send Grand Prize Winner (including all members, if a group) home with no further obligations or compensation whatsoever to Grand Prize Winner, which may, in NPR’s sole discretion, result in Grand Prize Winner's disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event the Grand Prize Winner (or any member of the Grand Prize Winner, if a group) engages in behavior during travel or during any of the Performances that (as determined by NPR in its sole discretion) is illegal, tortious, or subjects the Grand Prize Winner to arrest or detention, the Participating Parties (as defined below) will have no obligation to pay, and Entrant will indemnify and hold the Participating Parties harmless from any damages, fees, fines, judgments, or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner as a result of such conduct.
Sponsors and NPR Member Stations may wish to organize “listening parties” or “meet-ups” in various cities around the United States. In consideration of Entrant’s Entry Video being reviewed and evaluated for this Contest, Entrant grants Sponsors and their respective affiliates and NPR Member Stations permission to contact Entrant or to provide Entrant’s contact information to venues, radio stations, or other third parties who may wish to organize concerts or events related to this Contest. Entrants may choose whether to participate in any such events to which Entrant is invited (collectively, the “Unaffiliated Events”). If Entrant elects to participate in such an event, Entrant will not be compensated by Sponsors for such performances, nor will Entrant’s travel expenses be reimbursed by Sponsors.
10. GRANT OF RIGHTS. In consideration of an Entrant's Entry Video being reviewed and evaluated for this Contest, each Entrant (and all members of an Entrant, if a group) hereby grants to Sponsors and their affiliates and NPR Member Stations, a non-exclusive, irrevocable, fully paid, perpetual, universal, royalty-free right and license to (a) use, copy, sublicense, transmit, distribute, publicly perform, broadcast, publish, modify, delete, publicly display, and create derivative works of such Entry Video, or any portion thereof, and the Song and the musical composition (whether with the Entry Video, Song, or separate) contained therein and (b) use, distribute and publicly display the name, likeness, voice, biographical information, and image of Entrant (and all members of an Entrant, if a group); in both cases in any media now known or hereafter devised and for any purpose, including advertising or promotion of Sponsors, the Contest, NPR Member Stations or any other person or entity at Sponsors’ discretion without the need for further approval or compensation. In addition, Entrants hereby grant to Sponsors any synchronization, mechanical, public performance or master rights necessary to use the Song, including the musical composition, and Entry Video in any media (including platforms that may not have blanket public performance licenses for musical compositions or sound recordings) and for any other purpose. Sponsors may modify or edit winning Entry Videos to ensure the audio quality, for length, or for any purpose that Sponsor deems necessary or desirable and by entering, the Grand Prize Winner grants Sponsors a fully-paid right and license to make such modifications to their Entry Videos. Entrant expressly waives any moral rights in the Entry Video (including the Song).
11. DISCLAIMERS. EVERYTHING REGARDING THIS CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
12. LIMITATION OF LIABILTY; INDEMNIFICATION; RELEASE. By submitting an entry, each Entrant also agrees to indemnify, defend, release, discharge, and hold harmless Sponsors and their parent companies, affiliates, subsidiaries, promotional partners, and agents, NPR Member Stations, and all others associated with the development and execution of this Contest, and the officers, directors, and employees of each of the foregoing (collectively, the “Participating Parties”), from any and all claims and liabilities arising from or in connection with participation in this Contest, including, without limitation: (a) claims for injury, loss, or damage of any kind resulting from participation in this Contest or acceptance or use of any prize; and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright, and/or trademark infringement relating to the submission or exploitation of the Entrant’s Entry Video and/or Song, including the musical composition.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) THE PARTICIPATING PARTIES SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGE, INCLUDING WITHOUT LIMITATION FOR ANY PERSONAL INJURIES, DEATH, PROPERTY LOSS ARISING OUT OF OR CONNECTED WITH (A) THE CONTEST, (B) THE GRAND PRIZE, INCLUDING ANY TRAVEL RELATED TO THE GRAND PRIZE AND PERFORMANCES, OR (C) ANY TRAVEL OR PARTICIPATION RELATED TO THE UNAFFILIATED EVENTS; AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING TO THE CONTEST ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE CONTEST (IF ANY), BUT IN NO CASE MORE THAN $500.
To the extent permitted by applicable law, the Participating Parties assume no liability and are not responsible for, and by entering the Contest, you hereby waive and release the Participating Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of the Grand Prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, mobile device, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, notifications, claims to the Grand Prize or other benefit or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, notifications or other announcements or communications relating to the Contest.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsors may prohibit an Entrant from participating in the Contest or being offered the Grand Prize if, in their sole discretion, they determine that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Participating Parties.
If an Entrant is a California resident, such Entrant hereby waives California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
13. GENERAL TERMS AND CONDITIONS. Sponsors reserve the right, at NPR’s sole discretion, to terminate, modify, or suspend this Contest in the event it is not practically capable of running the Contest as planned for reasons outside their control, including without limitation due to: an act of God; unavoidable accident; epidemic; pandemic; COVID-19; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government, governmental instrumentality, or tribunal; strike, lockout, or other labor dispute; inclement weather; the recapture of any time period scheduled for the live broadcast of a program for an event of national importance or emergency; failure of technical facilities; failure of third-party software or services; failure of essential production or technical personnel to appear or be available for production or broadcast; or other cause which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest. In the event of cancellation, NPR reserves the right to not offer the Grand Prize.
SPONSORS WILL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION, OR FUNCTION OF THIS CONTEST. IN NO EVENT WILL SPONSORS BE OBLIGATED TO ISSUE MORE THAN ONE (1) GRAND PRIZE.
SPONSORS RESERVE THE RIGHT TO CHANGE ANY TERM OF THESE OFFICIAL RULES OR TO ADDRESS ANY ISSUE THAT ARISES WITH UPDATES OR AMENDMENTS TO THESE OFFICIAL RULES AT ANY TIME UP TO THE DATE THAT A GRAND PRIZE WINNER IS PUBLICLY ANNOUNCED.
ALL DECISIONS BY SPONSORS AND JUDGES ARE FINAL AND BINDING.
The Participating Parties are express third-party beneficiaries of Section 12 of these Official Rules.
Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant's decision to provide the Entrant's Entry Video to Sponsors for purposes of the Contest will not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsors and Entrant, including any talent agency or management relationship.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
This Contest is in no way sponsored, endorsed or administered by, or associated with YouTube. Any questions, comments or complaints regarding this Contest should be directed to Sponsors and not to YouTube. Each Entrant further agrees to release YouTube from any and all liability associated with this Contest or receipt or use of any prizes.
14. GOVERNING LAW. This Contest is governed by the internal laws of the District of Columbia without regard to principles of conflict of laws. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the District of Columbia.
Each Entrant agrees that NPR and the other Sponsors may share information submitted by Entrant with other Sponsors, NPR Member Stations or any other person or entity for any purpose relating to the Contest, its promotion, the coordination of live events based on the Contest, or the exercise of Sponsors’ rights contemplated in these Official Rules.
16. OFFICIAL RULES AND WINNER’S LIST. For a copy of these Official Rules, visit http://www.npr.org/tinydeskcontest or send a self-addressed, stamped envelope for receipt by May 1, 2023, to: Official Rules, “2023 NPR Tiny Desk Contest,” ATTN: NPR Music, c/o National Public Radio, Inc., 1111 North Capitol Street, NE, Washington, DC 20002.
For a list of the winner(s), within sixty (60) days after May 9, 2023, send a self-addressed, stamped envelope to: Winners List, “2022 NPR Tiny Desk Contest,” ATTN: NPR Music, c/o National Public Radio, Inc., 1111 North Capitol Street, NE, Washington, DC 20002.
Requests received without a self-addressed, stamped envelope will not be fulfilled.