These rules are for the High School Marching Band Spirit Contest (“the Contest”). Entries will be accepted beginning at 12 a.m. EDT on October 7, 2012 and ending at 11:59 p.m. EDT on November 7, 2012. Votes will be accepted beginning at 12 a.m. EDT on November 8, 2012 and ending at 11:59 p.m. EDT on November 15, 2012. Entry into and/or voting in the Contest constitutes the entrant’s and/or voter’s full and unconditional agreement to and acceptance of these rules, terms and conditions.

ELIGIBILITY

NO PURCHASE NECESSARY TO ENTER TO WIN.  PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.  To participate in the High School Marching Band Spirit Contest, bands must be at the high school level (9^th grade through 12^th grade), registered by the band director and/or employee of the school and the school shall be located in one of the following Florida counties:  Hillsborough, Pasco, Pinellas, Hernando, Citrus and Manatee. Entries must register in ONLY one (1) of two (2) division categories based on the number of performing Wind Instrument players, Wind Instrument shall be defined in accordance with the Florida Marching Band Coalition rules and regulations definition - “Wind Instrument - A wind instrument is a musical instrument that contains some type of resonator in which a column of air is set into vibration by the Band Member blowing into (or over) a mouthpiece set at the end of the resonator.”

The total wind instrument players should be determined by counting the total number of simultaneous Band Members performing with a wind instrument at any time during the performance submitted.  Division 1 = 1 – 44 wind players and Division 2 = 45 and above wind players.  Each High School Band is considered an “Entrant”.

Employees of the Times Publishing Company, its affiliates and subsidiaries, advertising and promotion agencies, contest prize suppliers, and participating advertisers and their immediate family members are not eligible to win. “Immediate family members” means parents, siblings, spouses, children, grandparents and grandchildren, whether by current or past marriage, remarriage, adoption or cohabitation, and anyone living in the same household, whether related or not. Times Publishing Company’s determination as to eligibility is final and binding.

 HOW TO ENTER

Each participating band must first register at www.tampabay.com/hometeam, completing all of the required information and following all posted instructions.  Maximum of one (1) entry per school will be accepted.  All entries become property of Sponsor and none will be returned.  In the event of a dispute about who submitted an online entry, the entry will be deemed to have been submitted by the authorized account holder of the e-mail account identified on the online entry form.  “Authorized Account Holder” means the person to whom the email address is assigned by an Internet access or on-line service provider, or other organization (such as a business or educational institution) that is responsible for assigning email addresses for the domain name associated with the email address submitted.  Any questions regarding the number of entries submitted or the owner of an e-mail account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.

All entries must be received by November 7, 2012, 11:59 PM EDT.  Incomplete entries are void and ineligible to compete or win. The odds of winning depend on the number of eligible entries received and the number of votes submitted. The Times Publishing Company (“Sponsor”) is not responsible for lost, late, incomplete, misdirected, garbled, jumbled, damaged or illegible entries or votes, for any computer, electronic, telephone, cable, or network hardware or software malfunction or failures of any kind, for any other problems or errors in modes of transmission, or for any other human or technical error. Entries become the property of Times Publishing Company and will not be returned.  Each Entrant acknowledges and agrees that Sponsor may use information submitted to contact Entrant and/or to offer Sponsor’s products and services.

 HOW TO VOTE FOR THE WINNER

Votes will be accepted at tampbay.com/hometeam beginning at 12 a.m. EDT on November 8, 2012 and ending at 11:59 p.m. EDT on November 15, 2012.  Every on-line voter must be the Authorized Account Holder, as defined above, of the email address submitted at the time of voting. Times Publishing Company’s determination as to voter eligibility is final and binding. Visitors to the website, as determined by their IP address, can have one vote per person per hour. The use of any scheme, program or device to automate voting is prohibited. Any attempt by any voter to tamper with or undermine the legitimate operation of the Contest or tally of votes will, in the Sponsor’s sole discretion, result in the disqualification of the entrant and of any suspect votes. The Sponsor reserves the right to disqualify any entrant or vote, and to modify, cancel, terminate or suspend voting or the Contest. Decisions of the Sponsor are final and binding.

 PRIZES

The following Contest prize will be awarded to a High School Band Organization of the winning Entrants: There will be two (2) prize winners within each of two (2) division categories.  Each first place winner will receive $1,000 and each second place winner will receive $500.  The prize is furnished by the Times Publishing Company and Papa John’s Pizza.  The prize package is valued at $1,000 and $500 each.  The total value of all prizes is $3,000.

No alternative prize, cash or other substitution is permitted except in the event of prize unavailability. Sponsor reserves the right to substitute a prize or prizes of equal or greater value.  Prizes are not transferable or assignable by the Winner.

All federal, state and local taxes, fees, and surcharges, and any necessary or appropriate insurance, are the responsibility of the Winner. The Winner agrees to pay all such taxes, fees, and surcharges. If requested, the Winner must complete a W-9 tax form provided by the Times Publishing Company prior to taking possession of the Prize.

Any transportation required for the Winner to take possession of the Prize is the Winner’s responsibility and will not be furnished by the Sponsor. Winner must agree to hold the Sponsor harmless from any and all liability for damages or losses of any nature incurred in connection with use of the Prize, including transit to and from any destination in connection with the Prize.

 HOW TO WIN

The Entrant who has received the highest rating as determined by the database vote tally as of 11:59 p.m. EDT on November 15, 2012, will be declared the Winner. First and second place winners will be announced in two (2) division categories based on the number of performing wind players within each marching band. 

NOTIFICATION OF WINNER

Winners will be notified by email and/or phone.  If the Winner does not respond to the notification within two (2) business days following the day contact is first attempted or Winner does not meet all eligibility requirements including signing the Affidavit and Release referred to below, an alternate winner, will be selected as determined by the database vote tally.  The authorized employee of the High School of the winning High School Band who registered the High School Band must produce adequate proof of identity, such as a driver license or photo I.D. card, in order to take possession of the Prize.

To claim prize, the authorized employee of the High School of the winning High School Band who registered the High School Band must appear in person by appointment at a Times Publishing Company office during regular business hours and present valid, government-issued photo identification. Winner will be required to sign legal documents or provide additional proof of eligibility. Specifically, Winner must complete an affidavit of eligibility, which releases Sponsor, its affiliates, and prize suppliers from any and all liability related to this Contest or use or acceptance of the prize. Winners must complete the affidavit of eligibility, without making changes, and return the properly completed affidavit for receipt by Times Publishing Company within seven (7) business days of the date the winner received prize notification. Failure of Times Publishing Company to receive a properly executed affidavit within seven (7) business days of winner notification will result in disqualification and forfeiture of prize. Alternate winner is subject to all requirements and limitations in these Official Rules. By accepting a prize, the winner agrees to allow the use of his or her name, voice, photograph, likeness and any information provided on the entry form, (in any media now known or hereafter invented) and for any purpose, including advertising, promotional or other purposes, by Times Publishing Company and its affiliates, without further compensation.

 MISCELLANEOUS

Contest rules shall be governed and enforced pursuant to Florida law, excluding choice of law provisions. All other federal, state, and local laws and regulations apply. Void where prohibited by law.  Entrants agree to be bound by these rules. Sponsor is entitled to interpret these rules as needed and their decisions are final. Sponsor reserves the right to correct typographical, clerical or printing errors in any Contest materials. Any person attempting to defraud or in any way tamper with the secure operation of this Contest will be disqualified and ineligible to win. Sponsor reserves the right to terminate or cancel this Contest at any time in such circumstances.  In such circumstances, the Prize will be awarded based on entries received as of the date of termination.

AFFIDAVIT AND RELEASE

The authorized employee of the High School of the winning High School Band who registered the High School Band will be required to sign and return an Affidavit of Eligibility and General Release, which includes an affirmation of eligibility, a release and waiver of legal claims, and consent to publicity. The failure to complete and sign the Affidavit of Eligibility and General Release will result in another entrant being selected as the winner.

 WINNER’S LIST

For the names of winners, send a self-addressed stamped envelope after November 30, 2012 but no later than December 31, 2012 to: High School Marching Band Spirit Contest, 490 First Avenue South, St. Petersburg FL 33701.

ADDITIONAL TERMS AND CONDITIONS By entering the Contest, the entrant, for him/herself and for his/her heirs, executors, administrators, assigns and anyone else claiming by or through him/her, waives, covenants not to sue and fully releases and forever discharges any and all rights, claims or causes of action whatsoever that he/she may have against Sponsor arising directly or indirectly out of entrant’s participation in the Contest. For purposes of this waiver and release, “Sponsor” includes Times Publishing Company and its parents, subsidiaries, affiliates, officers, directors, agents and employees.  This waiver and release covers, without limitation, any damage, liability, cost, attorneys’ fees and expenses whatsoever, whether known or unknown and whether foreseeable or not.

Sponsor reserves the right to make changes in the rules of the contest, including the substitution of a prize of equivalent value, which will become effective upon announcement.

Sponsor is not responsible for typographical or other errors in printing, the offering, or the administration of the contest or in the announcement of the prize. 

SPONSOR

The Sponsor of the Contest is Times Publishing Company, 490 First Avenue South, St. Petersburg FL 33701.  Copies of the written contest rules are available online or will be sent by mail request if a self-addressed stamped envelope accompanies request.

Copyright 2012 Times Publishing Company.  All Rights Reserved.