Terms & Conditions
Open For An Icon Competition presented by Airtab Music
IMPORTANT NOTE: The Open For An Icon Competition presented by Airtab Music (“Competition”) is a unique opportunity for emerging artists to showcase their talents and open for Sunfest 2024, May 3-5 in West Palm Beach, Florida. Brought to you by Software Development Associates Inc. d/b/a Airtab Music (“Sponsor”), this Competition gives talented musicians the opportunity to share the stage with today’s hottest icons. The Competition helps you promote your song(s) only with your permission. In the event you are not selected as the winner of the Competition and Sponsor desires to use your song(s) after the Competition is over, you will receive a separate communication from Sponsor requesting approval to use your song(s).
OVERVIEW: During submission period, Sponsor will accept original song audio and/or video from eligible music artists (each, a “Participant” and collectively, the “Participants”). Submissions will first be eligible for community voting with the top thirty (30) entries by vote count to be judged by a panel of music industry professionals. This is a skill-based Competition; the element of chance will not be present at any stage of this Competition. If a Participant is a member of a multi-person band or group, a singular member may participate as the Participant and must have the permission from all other band or group members to participate in the Competition on behalf of their band or group and make all decisions on behalf of the band or group with respect to this Competition. Registration for the competition will open at 12:00 Pm EST on Wednesday, February 14, 2024, and close at 11:59 pm on Monday, March 18, 2024. No additional registrations/submissions will be accepted after this date. The community voting phase will begin at 12:00 am on Tuesday, March 19, 2024, and last until Thursday, April 19th, 2024. After which, the top 30 (thirty) contestants will be advanced to the panel judging phase. The winners will be announced on Friday, April 20th, 2024.
WHO MAY PARTICIPATE: Open For An Icon x Sunfest 2024 will consist of two competitions. One will be open to nationwide submissions for artists within the Hip Hop and/or Pop genre. The second will be exclusive to Florida residents within the genre of country music. Competition is open only to Participants who are (i) legal residents of the United States and the District of Columbia (excluding residents of Arizona, Colorado, Connecticut, Maryland, Nebraska, North Dakota, Vermont, Puerto Rico, and U.S. Territories and Possessions); (ii) 13 years of age or older; (iii) currently an unrepresented as a solo artist, band or group; and (iv) authorized and available to work and travel within the United States. Due to local restrictions, residents of Arizona, Colorado, Connecticut, Maryland, Nebraska, North Dakota, and Vermont may not enter. Eligible minors (ages 13-17 years of age) must obtain their parents’ or legal guardians' permission prior to participating. A Participant submitting audio and/or video with multiple co-writers must have all co-writers’ consent to participate in this Competition. For the purpose of this Competition, no co-writer or Participant may be subject to a current staff publishing agreement, agreement with a record label or other entertainment-related entity to render recording or songwriting services that is currently in effect and/or have agreed, which provides rights in and to musical compositions or recordings entered into the Competition to any such company, label or entity at the time of participation. Any Participant or co-writer (of submitted song) who at the time of participation derives the majority of their income from songwriting, currently has a staff writing deal with a publishing company, or has ever had a song appear on any of the following charts is not eligible to participate in the Competition: Billboard Airplay, Mediabase, and/or Radio & Records (R&R).
Employees and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside or those living in the same households, whether or not related) of Sponsor, Save Our Musicians Foundation, and each of their respective parent companies, affiliates, subsidiaries, licensees, successors and assigns, officers, directors, contractors, partners, shareholders, representatives, members, agents, employees, and advertising and promotion agencies, web developers, and marketing agents (the "Released Parties") are not eligible to participate in the Competition. Sponsor reserves the right to require Participants to prove that they are eligible. Void in Arizona, Colorado, Connecticut, Maryland, Nebraska, North Dakota, Vermont, Puerto Rico, U.S. Territories and Possessions and where prohibited by law. Competition is subject to all applicable federal, state, and local laws.
HOW TO PARTICIPATE: Participants must visit www.openforanicon.com (the “Competition Website”) and follow the instructions to log-in or register for an Airtab Music platform account. Creating an account is free of charge. Participants will then have the opportunity to enter the Competition and submit one (1) audio and one (1) video recording of their original song content.
Each Submission must be unique. Audio files must be in .mp3 or .m4a format no larger than 100MB in file size and no longer than five (5) minutes in length. Video files must be in .mp4 or .mov format no larger than 300MB in file size and no longer than five (5) minutes in length. Audio and video files uploaded by eligible Participants along with registration on the Competition Website will further be collectively referred to as “Submissions”. Incomplete Submissions, including but not limited to those Submissions that do not address the requirements set forth in these Official Rules, may be disqualified at Sponsor's sole discretion.
By making a Submission, Participant hereby grants to Sponsor a fully-paid up and royalty free, irrevocable, perpetual and worldwide license to use and display the Submission on the Website, other sites owned by Sponsor, and third party websites and in other media now or hereafter known, and otherwise use the Submission in accordance with these Official Rules, without compensation of any kind or further notice to or approval from Participant or any third party, unless otherwise specified by Sponsor. Released Parties are not responsible for any unauthorized third-party use of any Submission. Released Parties do not guarantee that any Submission made will be posted. Participants retain any and all ownership rights they may have in and to the Submissions and Sponsor shall not be deemed to be the owner of such Submissions as a result of these Official Rules.
FOR THE AVOIDANCE OF DOUBT, SPONSOR WILL NOT USE ANY SUBMISSION FOR ANY COMMERCIAL PURPOSES BUT RATHER ALL USAGE SHALL BE FOR PROMOTIONAL, MARKETING, ADVERTISING AND/OR EDUCATIONAL PURPOSES ONLY. ANY COMMERCIAL USE OF ANY SUBMISSION SHALL BE SUBJECT TO FURTHER AGREEMENT BETWEEN PARTICIPANT AND SPONSOR AND SHALL REQUIRE PARTICIPANT’S WRITTEN CONSENT.
Submission must be the original work of the Participant without use of any artificial intelligence, and must not infringe upon the copyrights, rights of privacy, publicity or other intellectual property or other rights of any person or entity, or be otherwise contrary to applicable laws and regulations. Prior to making a Submission, Participant must obtain any and all releases and consents from any and all co-writers, and any songwriter and other parties necessary to permit the use and exhibition of the Submission by Sponsor in the manner set forth in these Official Rules. Participant and/or co-writers may not submit the same song more than once. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any
Participant at any time and, at its discretion, to disqualify without refund any Submission they determine, in their discretion, fails to satisfy any of the above requirements.
SUBMISSION GUIDELINES: Submissions must comply with the following content guidelines:
• Content cannot promote any activities that may appear unsafe or dangerous;
• Content cannot be longer than five (5) minutes in length;
• Content cannot be obscene or offensive, endorse any form of hate or hate group;
• Content cannot defame, misrepresent or contain disparaging remarks about the Released Parties, and/or any other Competition sponsors and/or its products;
• Content must contain artistic and musical performance value;
• Content cannot contain any material that infringes on the intellectual property rights or other rights of any third party, including, without limitation contractual rights, copyrights, rights of privacy, music and/or lyrics owned or administered by any other person or entity, or contain any personal identification such as license plate numbers, e-mail addresses or street addresses;
• Content cannot contain copyrighted materials owned by others (including recordings, sampling or “scratching” and other works published or used on or in websites, television, movies or other media);
• Content cannot communicate messages inconsistent with the positive goodwill to which Sponsor wishes to associate; and
• Content cannot depict acts or situations, and cannot itself be, in violation of any law or otherwise.
Sponsor reserves the right to disqualify without refund any Submission (or portion thereof) for any reason, in its sole and absolute discretion, including its determination in their sole discretion that a Submission fails to satisfy any of the above requirements.
COMMUNITY VOTING PHASE: All eligible submissions received by Sponsor will be posted for public voting at www.openforanicon.com , when voting closes. During the Voting Period, visitors can vote for their favorite Submissions by following the instructions provided on the website. Limit one (1) vote per person using only one (1) email address per day. At the conclusion of the Community Voting Phase, the ten (10) Submissions with the highest vote count will be deemed finalists and proceed to the Judging Phase outlined below. Sponsor reserves the right to proceed with fewer than ten (10) finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions
Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public and/or using any websites or online forums designed to induce individuals or provide other incentives to vote for their Submission, as determined by Sponsor in its sole discretion. All votes are subject to final verification by Sponsor. Use of script, macro or other automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
JUDGING PHASE: All eligible top thirty (30) Submissions received by Sponsor will be judged by a panel of music industry professionals based on the following criteria: Creativity (40%); Originality (30%); and Stage and Sound Presence (30%). One (1) Submission of the top thirty (30) Submissions with the highest score will be deemed the potential grand prize winner. In the event of a tie, an additional, “tie-breaking” judge will determine the potential winner based on the criteria listed herein. Sponsor reserves the right not to award the grand prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions.
FINALIST NOTIFICATION: Judges' and Sponsor's decisions are final and binding on all matters relating to this Competition. Potential Finalists will be notified via mail, email and/or phone and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor which must be returned within ten (10) business days of date appearing on Finalist notification, unless Sponsor grants an exception. Return of Finalist notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential Finalist within a reasonable time period or noncompliance with these Official Rules by potential Finalist will result in disqualification without refund and, at Sponsor's sole discretion, a Runner-Up Finalist may be notified. In the event a Finalist is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to provide an award (if applicable) in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
GRAND PRIZE (1): Winner will be announced by April 20, 2024 at 8pm EST and offered the opportunity to perform as an opening act at Sunfest, along with the opportunity to sign a 360 deal with Airtab Music at Airtab Music's sole and absolute discretion. Exact date, time, location and established music icon set to perform at event to be determined by Sponsor, in their sole discretion. Grand prize will include roundtrip, coach class air transportation from a major U.S. gateway airport near winner’s residence to designated location, 3 days and 2 nights standard hotel accommodations (one room, double occupancy), and two (2) tickets to Sunfest for the date on which winner will perform. If winner resides within a 100-mile radius of destination, ground transportation will be provided in lieu thereof. Approximate Retail Value (“ARV”) of Grand Prize travel package: $3,000.00. Actual value may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Winner and guest must travel together on the same itinerary. Guest must be of legal age of majority in his/her jurisdiction of residence (and at least 18), unless the child or legal ward of winner and must sign a liability/publicity release prior to issuance of travel documents. If guest is child or legal ward of winner, winner must sign and return release on behalf of such child or legal ward. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice.
Winner may not substitute, assign or transfer award or redeem any prize element for cash, but Sponsor reserves the right, at its sole discretion, to substitute any prize (or portion thereof) with one of comparable or greater value. By participating in the Competition, Participants agree that the prize will be awarded by Sponsor on an “as is” basis, and that neither Sponsor nor any of their subsidiary or affiliated companies, makes any representations or warranties of any nature with respect to the prize. Winner is solely responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with award acceptance and use not specified herein as being provided. All award details are at Sponsor's sole discretion.
LICENSE/USE OF SUBMISSIONS: By making a Submission, Participants (including all band and/or group members comprising Participant, if applicable) grant Released Parties and their designees, assignees and licensees a non-exclusive, worldwide, perpetual, irrevocable, fully paid up and royalty-free, sub-licensable, transferable right to exploit the copyright, solely for advertising, publicity, promotional and any other non-commercial purposes, in the recording and the underlying composition thereto and any and all ancillary and subsidiary rights therein in any media now known or hereafter developed, with respect to the Submissions, including without limitation the right to edit, publish, use, adapt, exploit, perform, modify, copy, disseminate or dispose of any Submissions, the compositions embodied therein or any elements thereof (including the names and likenesses of any individuals and any property embodied therein), online (including, without limitation, other sites owned by Sponsor and third party websites), in print, film, television, or in any other media now known or hereafter devised, worldwide in perpetuity, solely for programming, advertising, publicity, promotional and any other non-commercial purposes without compensation, without payment of residuals, costs or fees, and without permission or notification to Participant (including all band and/or group members, if applicable) or any third party of any kind, unless otherwise specified by Sponsor, except as prohibited by law. Released Parties are not responsible for any unauthorized third party use of any Submission. Released Parties do not guarantee that any Submission made will be posted. Participants retain any and all ownership rights they may have in and to the Submissions.
Without limitation of the foregoing and for the avoidance of doubt, these Official Rules shall not transfer any ownership in and to the Submissions to Sponsor. Participants retain any and all ownership rights in and to the Submissions, and neither Sponsor or the Released Parties shall not be deemed to be the owner of such Submissions as a result of these Official Rules. By making a Submission, Participant hereby grants to Sponsor a fully-paid up and royalty free, irrevocable, perpetual and worldwide license to use and display the Submission on the Competition Website, other sites owned by Sponsor, and third party websites and in other media now or hereafter known, solely in connection with the Competition for non-commercial purposes and otherwise use the Submission in accordance with these Official Rules solely in connection with the Competition for non-commercial purposes (e.g., promotional, marketing, advertising, publicity, educational and judging) and otherwise use the Submission in accordance with these Official Rules solely in connection with the Competition for non-commercial purposes, without compensation of any kind or further notice to or approval from Participant or any third party, unless otherwise specified by Sponsor. Released Parties are not responsible for any unauthorized third-party use of any Submission. Released Parties do not guarantee that any Submission made will be posted.
NATURE OF RELATIONSHIP: Nothing in these Official Rules or any other agreement with Participant shall be deemed to create an employment or agency relationship between any of the Released Parties and Participant. Participant agrees that he/she shall not look to the Released Parties for any compensation, employment and other benefits. Participant hereby acknowledges and agrees that the relationship between Participant and Sponsor and any of its designees is not a confidential, fiduciary, or other special relationship, and that Participant's decision to provide a Submission does not place Sponsor or any of the Released Parties in a position that is any different from the position held by members of the general public.
PUBLICITY RELEASE: Participation in this Competition constitutes permission (except where prohibited by law) to use Participant's names, likenesses, voices, performances, award received, photographs, statements and biographical information (all at Sponsor's discretion) for future advertising, publicity and other purposes relating to this Competition in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission.
RELEASE OF TECHNICAL LIABILITY: Released Parties are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed or undelivered Submissions, all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Competition-related information or materials from the Competition Website, any errors or problems associated with uploading Submissions on the Competition Website, or for any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Submission to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Competition Website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected mail or other communications which may limit Participant's ability to participate in this Competition. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Competition, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Competition, the processing, judging or voting of Submissions, the tabulation and processing of judging scores, or deletion of any Submissions. Sponsor reserves the right in its sole discretion to extend the deadline for Submissions on a case-by-case basis to address any technical problems (e.g., payment errors).
RIGHT TO TERMINATE & MODIFY: Sponsor reserves the right to modify, suspend or terminate the Competition in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Competition in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Competition. Sponsor reserves the right at its sole discretion to disqualify without refund any individual it finds to be tampering with the Submission process or the operation of this Competition or any website (including the Competition Website), intending to annoy, abuse, threaten or harass any other Participant or User, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules and void all associated Submissions.
MISCELLANEOUS: Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses. In the event of a dispute regarding Submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Submission will be deemed to be the Participant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses.
CAUTION: Any attempt by a Participant to deliberately damage any website or undermine the legitimate operation of this Competition may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such Participant to the fullest extent permitted by law and to disqualify without refund such Participant from the Competition.
SIMILAR SUBMISSIONS: By making a Submission, Participant acknowledges and agrees that Sponsor may obtain many Submissions under this Competition and that such Submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Competition and/or created or developed by Sponsor on its own or by those working on Sponsor's behalf, and waive any and all claims Participant may have had, may have, and/or may have in the future, that any similar Submission, Song and/or other works accepted, reviewed and/or used by Sponsor (or its designees) may be similar to Participant's Submission. Participant acknowledges and agrees that Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to Participant's Submission.
RELEASE OF LIABILITY: By entering the Competition, Participant agrees to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Competition, or acceptance or use of any award, the administration of the Competition, the operation of any website (including the Competition Website) or Released Parties' use of any of the rights granted herein (including any claims arising out of the use of third party content). Released Parties assume no responsibility for the conduct of any Participant or the responses of anyone appearing in any Submission.
Both Sponsor and Participate(s) agree to indemnify, defend and hold harmless SunFest for any claims that arise from or relate to these official rules
ARBITRATION: Except where prohibited by law, as a condition of participating in this Competition, Participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Competition, or any opportunities provided, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Competition), and Participant further waives all rights to have damages multiplied or increased.
DISPUTES: Except where prohibited by law, Participants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any award provided shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Florida, USA. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of Florida, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida, USA.
SPONSOR: Software Development Associates Inc. d/b/a Airtab Music, 1016 Clemons St, 4th Floor, Jupiter, FL 33477.