Battle of the Bands
See the area’s best bands fight it out!
$10,000 Battle of the Bands sponsored by Red Bull
June & July, 2017
The area’s best bands will compete for $10,000 Cash & Prizes, a band photo session and a winning performance at Pulse Arena! The battles start this June so get ready for the ultimate fight to the finish!
A judges panel will decide each winning band to move on to the next round.
Round One – 6/4, 6/11, 6/18 & 6/25
Winners on 6/4 & 6/11 compete on 7/2
Winners on 6/18 & 6/25 compete on 7/9
Round Two – 7/2 & 7/9
Each week winners move on to the Finals
Social Media Fan Favorites – 7/16
All 8 bands will be displayed on our website and our social media pages for voting so fans can vote for their favorite band throughout the contest period. The band that has the most votes get to perform on July 16.
Final Round – 7/23
Winner takes the $10,000 Grand Prize plus a band photo session
Winner’s Concert – 7/30
Winning Band performs at Pulse Arena
Official Contest Rules
These official contest rules (the “Official Rules”) are specific to the “2017 Pulse Arena Battle of the Bands” (the “Contest”) conducted by Seneca Gaming Corporation (“Company”).
- HOW TO ENTER
From approximately April 3, 2017 through May 19, 2017, eligible bands can register to participate in the Contest on Seneca Niagara Resort and Casino’s website, http://senecaniagaracasino.com (each a “Registrant”). In order to be eligible, all band members must be twenty-one (21) years of age or older at the time of registration and meet all other eligibility criteria described in the Official Rules.
No purchase is necessary to enter or win the Contest.
The Contest judges panel established by the Company (the “Judges”) will select up to, but no more than, eight (8) of the Registrants to participate in the Contest (each, a “Contestant”, collectively the “Contestants”), which selection will be at the sole and absolute discretion of the Company based on any lawful criteria, which may include without limitation: (a) originality, (b) stage presence, and/or (c) quality of performance. All decisions by the Company and Judges in this Contest, including the selection of Contestants, are final and may not be appealed.
Contestants will be required to show a valid government photo ID and sign a participation agreement including a liability release and/or other forms prior to being permitted to participate further in the Contest. Contestants may also be asked to complete a brief biography sheet prior to the band’s performance. This is not required in order to be considered a Registrant. Information within the biography will not increase any Contestant’s chances of winning but will be used for entertainment and promotional purposes only.
“Contestant” as used in these Official Rules refers to the band as a whole, and not any individual member of any Contestant band.
One (1) Grand Prize Winner of the Contest will win a $10,000 performance contract with the Company to perform at the Company’s Pulse Arena, inside of the Seneca Niagara Resort and Casino. The Grand Prize Winner will also receive future consideration for additional performances after the initial performance contract expires. Performance terms including performance dates will be memorialized in, conditioned upon and subject to, execution of a separate mutually agreed upon contract between the Grand Prize Winner and Seneca Niagara Resort and Casino. In addition to the $10,000 performance contract, the Grand Prize Winner will receive a free professional photo shoot with the Company’s in-house photographer.
One (1) Second Prize Winner will receive $500 in the form of a VISA Gift Card upon completion of the Final Round performances.
Each Band will receive $250 in the form of VISA Gift Card upon completion of each Qualifying Round and Semi-Final Round in which such band participates.
Receipt of any and all Contest prizes is subject to submission and completion of all required documentation required by Company and compliance with all applicable terms and conditions, including the Official Rules.
- HOW TO WIN
Each of the Contestants will be invited to participate in a Weekly Elimination Round of Contest performances at the Pulse Arena within Seneca Niagara Resort & Casino (the “Venue”), and will be asked to perform two (2) sets that consist of two (2) 60 minute performances on one of the following dates, as determined by the Company: June 4th, 11th, 19th, or 25th, 2017 from 4:00 PM – 9:30 PM. Such performances are referred to as the Qualifying Rounds. Semi-Finals will be held on Sunday, July 2nd, or 9th, 2017 from 4:00 PM – 9:30 PM, and the Finals will be held on Sunday, July 23rd, 2017 from 4:00 PM – 9:30 PM. There will also be on-line voting for Pulse Arena’s “fan favorite”. On-line users will have the opportunity to vote once a day for their favorite band from May 29th through June 30th. The band with the most votes will be given an opportunity to perform at Pulse Arena on July 16th, 2017.
The full planned Contest schedule is as follows:
- Qualifying Rounds: Sunday, June 4th, 11th, 19th, or 25th, 2017 between 4:00 PM – 9:30 PM
- Semi-Finals: Sunday, July 2nd, or 9th, 2017 between 4:00 PM – 9:30 PM
- “Fan Favorite” Performance: Sunday, July 16th, 2017 4:00 PM – 8:00 PM (On-line winner)
- Finals: Sunday, July 23rd, 2017 4:00 PM – 9:30 PM
There will be no more than two (2) performance spots available for each of the weekly Qualifying Round dates. Company will make reasonable efforts, but shall not be required, to accommodate Contestant requests as to the date on which they want to perform.
- PERFORMANCE-DAY RULES
Contestants must arrive and check-in with designated Company personnel at the Venue no later than one (1) hour before each scheduled performance time. After the conclusion of all performances for each such day at approximately 11:00 PM for the Qualifying and Semi-Final Rounds and 9:30PM for the Final Round, the Judges will select the one (1) Contestant to advance (or in the case of the Final Round, to win), subject to maintaining ongoing eligibility and compliance with the Official Rules. All decisions by Company and judges in the Contest are final and may not be appealed.
There will be up to, but not more than, four (4) Semi-Finalists and two (2) Finalists in the Contest.
There will be one (1) Grand Prize Winner of the Contest.
In the event that a Contestant is not able to perform on its scheduled event night due to illness or other reason deemed appropriate by Company, the applicable Contestant must notify Company by no later than 12:00 PM on the day of its scheduled performance. Contestant may work with Company to reschedule its performance, provided that any such rescheduling shall be Company’s sole discretion taking into account, among other factors, Company’s existing performance and other schedules and competing band/Contestant availability. If an appropriate date and time cannot be established (in the sole discretion of Company), Contestant will forfeit its spot in the competition and such Contestant will no longer be eligible to compete for the Grand Prize.
Finalists must perform in the Final Round to be eligible for the Grand Prize in the Contest. Finalists who fail to perform in the Final Round will be disqualified and not eligible to compete for the Grand Prize.
- GENERAL TERMS AND CONDITIONS
- Eligibility. In order to be eligible to compete in the Contest, or win any prize, each band member must at all times from the date each Registrant submits its registration up through the conclusion of the Finals: (i) Be twenty-one (21) years of age or older; (ii) Be listed as a member of band in the application of the Registrant at the time it enters the Contest; (iii) Perform/compete only on behalf of one Registrant; (iv) Be an authentic member of the Registrant who has regularly performed with the band prior to the Contest; and (v) Not be an employee, agent, officer or director of, or a member of the immediate family (parents, children, siblings and spouses, regardless of where they reside) or household (whether related or not) of an employee, agent, officer or director of Seneca Gaming Corporation or its subsidiaries.
- Registrant Representations and Warranties. Each Registrant, and each of its respective members, agree, warrant and represent that: (i) In any instance where the Official Rules or Company require that the Registrant submit or perform an original song, then such song (including any lyrics, music, musical or audio tracks, arrangement and composition) (1) has been written and performed solely by one or more members of the Registrant who are listed on the application form (and by no other person or entity) and (2) the Registrant, or one or more members of the Registrant who are listed on the application form, own and control all right, title and interest, including copyright, in and to the lyrics, music, musical and audio tracks, arrangement and composition of such song; (ii) With respect to any of the lyrics, music, musical or audio tracks, arrangements, compositions, or songs performed by the Registrant during the Contest that are not original songs of the eligible Registrant or eligible members of Registrant who are listed on the application form (“Cover Songs”), the Registrant has obtained any authorizations required (if any), in advance from all persons or entities having any rights, title and/or interest whatsoever with respect to such Cover Songs in order to perform or otherwise use such Cover Songs during the Contest without violating the rights of any persons or entities; and (iii) The use of Creative Materials (as defined below) in the manner contemplated by these Official Rules will not infringe upon the intellectual property rights, or defame or invade the publicity or privacy rights, of any third party, living or deceased. All songs performed by the Registrant during the Contest, or posted on any Social Media Platform (as defined below) and attributed to the Registrant, or otherwise played or used while the Registrant is participating in the Contest (including all original dongs and Cover Songs), are referred to herein collectively as the “Creative Materials”. If a Registrant or any member of Registrant is uncertain as to whether they can agree to these representations and warranties, they should confer with their legal counsel or other advisors. The Company reserves the right in its sole and absolute discretion to request proof in writing of any necessary authorizations, consents, licenses, assignments or waivers required herein.
- Additional Requirements Applicable to Creative Materials. Creative Materials must not contain “sampling” from other songs, music, sound effects, or any other elements over which the Registrant and its members do not have all necessary rights, title and interest, including copyright. Creative Materials and Registrant names must be in keeping with Company’s positive image. Without limitation, Creative Materials or Registrant names that are deemed by Company, in its sole and absolute discretion, to be or to contain offensive profanity, explicit sexuality, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or libelous content, or which encourages unlawful behavior, or which is hateful or misogynistic, or which is racially, ethnically or otherwise offensive or objectionable, or which portrays the Company in a negative fashion, may be disqualified. Creative Materials, entry materials, and Registrant names must not include brand names, trademarks, trade names, logos or the intellectual property of any third parties without the written consent of the third party, if applicable. Creative Materials and entry materials must be from an identifiable source. Any attempt to create a false identity, to impersonate any person or entity, or to make a false or misleading statement, or misrepresent an affiliation with any person or entity, may result in disqualification.
- Disqualification. Company reserves the right at any time, in its sole and absolute discretion, to disqualify a Registrant that Company believes, in its sole and absolute discretion, is not in compliance with these Official Rules, or which has made a false or misleading statement on any entry materials or otherwise, and reserves the right to pursue all other rights and remedies available at law in the event of such disqualification.
- Use/Ownership of Creative Materials. With respect to the use and ownership of all Creative Materials, by participating in the Contest each competing Registrant and each member of each Registrant acknowledges and agrees as follows:
(i) The rights of each Registrant and each Registrant member, and the Company, shall be established by the terms of these Official Rules, and by the contents of any releases or affidavits entered into as required by these Official Rules.
(ii) Except to the extent prohibited by law, Company and its designees may use, copy, publish, videotape, broadcast, distribute and otherwise publicly display all elements of the Registrant’s Creative Materials and video or audio recordings made of the Registrant’s performances during the Contest, or thereafter, as well as the Registrant’s name and each Registrant member’s name, address, biographical information, statements, voice, photograph and other likeness, in whole or in part, in any and all media either now or hereafter known, in perpetuity, solely in connection with advertising and promoting the Company and its affiliates, or conducting the Contest, without notification and without compensation of any kind to the Registrant, any Registrant member or any third party. Company reserves all rights in perpetuity, including without limitation, the right to reproduce, alter, amend, edit, modify, crop and use the Creative Materials and recordings made of the Registrant’s performances during the Contest, in connection with conducting the Contest or advertising and promoting the Company and its affiliates.
(iii) Company does not undertake to consider the Creative Materials in confidence and Company has not made any prior inducements, promises or representations to the Registrant member(s) or Registrant(s) regarding the Creative Materials other than as set forth in the Official Rules.
(iv) Participation by each competing Registrant in the Contest, and the accompanying submission of each Registrant’s Creative Materials to Company, shall in no way limit or restrict Company’s rights with respect to, or the use of, Creative Materials submitted by other Registrants or Registrant Members, or otherwise independently developed, created or used by Company, both prior to and after the submission of each Registrant’s Creative Materials herein, and Company shall have no obligations to each Registrant and Registrant Member with respect to such other Creative Materials. Accordingly, each competing Registrant and Registrant member acknowledges that Company’s use of other material containing elements similar to or identical with those contained in the Registrant’s Creative Materials shall not entitle the competing Registrant or Registrant Member to any compensation if Company has an independent right to use such other materials.
- Indemnification. By participating in the Contest, each Registrant and each Registrant member agrees: (i) That only the laws of the Seneca Nation of Indians shall be applicable to the Contest and their participation in this Contest, regardless of the residence of the Registrant and/or each of its Registrant members; (ii) To be bound by these Official Rules and any other documents required by Company (including, without limitation, any releases and affidavits required) and by the decisions of Company, and any Judges herein, and to waive any right to claim ambiguity in the Contest, the Official Rules or any other documents required by Company; (iii) To indemnify, defend and hold harmless the Company and its affiliates, and their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from any and all liability, claims, losses, damages, demands, causes of action, penalties and expenses (including reasonable attorneys’ fees) arising out of or related to any statement, action or failure to act by the Registrant, any Registrant member or any member of the Registrant not competing in the Contest, or any person affiliated with the Registrant (collectively, “Non-Contestant”) during or in connection with the Registrant’s or Registrant Member’s participation in the Contest, and/or any breach or alleged breach of these Official Rules or of any other documents required by Company or related to the Creative Materials or any use thereof; and (iv) Not to sue and to irrevocably and unconditionally release, waive and forever discharge the Released Parties from any and all liabilities, claims and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, which the Registrant, any Registrant member or any Non-Contestant (or any of their successors-in-interest, heirs and/or agents) ever had, now have, or in the future may have against the Released Parties, including, but not limited to claims arising out of or related to personal injury (including death) and/or damage, theft, loss or any other harm resulting in whole or in part, directly or indirectly, from participation in the Contest or any Contest-related activity, the acceptance, possession, misuse, improper awarding, failure to award, or use of a prize, and/or the use of any of the rights granted herein (including, without limitation, the use and exploitation of the Creative Materials and any other videos and recordings made of the Registrant’s performances during the Contest, and each Registrant’s name, Registrant member’s name, address, biographical information, statements, voice, photograph and/or other likeness).
- Limitation of Liability. The Company and its affiliates are not responsible for illegible, garbled, corrupted, damaged, lost, late, misdirected, undeliverable or incomplete application forms, Creative Materials, audition songs, or online votes, whether due to system errors, human errors or failures, or faulty transmissions or other telecommunications or other types of malfunctions or interferences, and/or for online votes not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system or human errors and failures, or faulty transmissions, or as a result of any other error or problem of any kind relating to or in connection with the Contest, whether technical, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Contest, the collection and processing of the application forms, Creative Materials, audition songs, and/or the judging of the Contest, voting, the announcement of a prize winner, or in any Contest-related materials. Company may prohibit a Registrant or Registrant member from participating in the Contest or winning a prize if, in its sole and absolute discretion, it determines that said Registrant or Registrant member, or anyone acting in concert with such Registrant or Registrant member, is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or unfair voting or judging practices, or intending to annoy, abuse, threaten or harass any other entrants, any judges or Company’s representatives. If for any reason any portion of the Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Company which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Company reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest and select the potential winning Registrants either by means of (i) those eligible votes or Judges’ scores (as applicable) received up to the cancellation/suspension date or (ii) Company’s sole and absolute discretion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANYONE ELSE TO DELIBERATELY DAMAGE ANY WEBSITE, SOCIAL MEDIA SITE OR HYPERLINKS RELATED TO THIS CONTEST OR A BAND’S PARTICIPATION IN THIS CONTEST, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules, or of any application form, Contestant agreement, release or any other document required herein, shall not affect the validity or enforceability of any other remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules, and any Contestant agreement, release or any other document (as applicable) shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. These Official Rules and any other documents required by Company constitute the entire understanding and agreement between each Registrant, Registrant member and Company. No other agreement, written or oral, express or implied exists between each Registrant or Registrant member and Company with respect to the Creative Materials, Official Rules or the Contest. Any modification, waiver or termination of the provisions of these Official Rules or such other documents must be authorized in writing by Company. In the event of a discrepancy or conflict between the terms of the application form or and these Official Rules, these Official Rules shall govern. Company reserves the right, in its sole and absolute discretion, to change, add to, delete from, modify or amend these Official Rules at any time. All decisions of the Company are final and binding.
- Personal Information. By entering the Contest, each Registrant and each Registrant member consents to the collection, use and disclosure of its/his/her personal information collected in connection with the Contest by Company and its authorized agents and representatives for the purposes of administering the Contest. Each Registrant and Registrant Member also agrees to the use in perpetuity of such Registrant’s and Registrant member’s name, address, biographical information, statements, voice, photograph and/or other likeness, on any website or Social Media Platform related to the Company, and otherwise in connection with conducting or promoting the Contest, and the business of Company and its affiliates, without further notice or compensation.
- Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of each Registrant, Registrant members and Company in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Seneca Nation of Indians without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Florida.
- Sponsors. The sponsors of the Contest are Seneca Niagara Resort and Casino, and Red Bull.