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B97 “B the 1”
2013 Official Contest Rules
These contest rules are specific to the above contest conducted by Entercom New Orleans, LLC d/b/a B97/WEZB (“Station”). Except to the extent specifically set forth below with respect to this specific contest, the Station’s general contest rules apply to this contest as well. A copy of these specific contest rules and the Station’s general contest rules are available at the Station’s studio at 400 Poydras Street Suite 800 New Orleans, LA 70130 during regular business hours and on the contest page on the Station’s website at www.b97.com. To the extent that the general contest rules differ from these rules, these rules will govern and control with respect to this Contest.
How to Enter
1. No purchase is necessary to enter or win B97’s “B the 1” Contest (the “Contest).
2. For the purposes of this Contest:
a. The term “Local Music Artists” means any solo artist, vocal group or band, all of whom must be 18 years of age or older as of the date of entry, and all of whom must be legal residents of the United States and at least one of whom must be legal residents of Louisiana or Mississippi.
b. “Entrant” refers to the Local Music Artists who are either (i) solo artists that are entering the contest, or (ii) every performer and every songwriter (collectively, jointly and severally) associated with the Song submitted in this contest.
c. Each and all performers on, and/or songwriters of, any Song submitted for entry in this contest must each be an Entrant. If selected as a Finalist as described in Section 10 below, each Entrant, along with each and all other performers on, and/or songwriters of, the Song submitted for entry in this contest, will be required to individually complete and sign the Official Participation and Release Form (Attachment A) in accordance with Section 11 below.
d. Each Local Music Artist/Entrant must designate one (1) person as the “Leader”. The Leader must be a performer and/or songwriter in the vocal group or band. If a solo artist, that Entrant must also be the leader.
3. Eligible “Local Music Artists” may enter this contest from 12am (CT) on April 15, 2013 through 5pm (CT) on April 26, 2013 by visiting the station website at www.b97.com, and clicking the graphical “B the 1” contest link. Then:
a. The entry/registration process will require you to either log into an existing account, or create a free account with the game administrator, UPICKEM. You may either elect the option to have your Facebook profile pre-load applicable portions of the entry form (Facebook account is not required to enter this contest), or complete the online entry/registration form by submitting the Entrant’s (or Leader’s if applicable) name, address, phone number and e-mail address. Limit one account per e-mail address and limit one entry per account. Multiple entries from the same Entrants will be discarded. Only the first chronologically received entry will be considered. All subsequent entries will be discarded. Once an individual has entered this contest as a solo artist, or member of songwriter of a vocal group or band, they may not enter the Contest again as a solo act, songwriter and/or member of a different vocal group or band. The person completing the entry must be an Entrant but does not have to be the (to be) designated leader.
b. Click the “Upload Song” tab and submit your Entry, which includes:
i. Your one (1) Song (as further defined in Section 4 below), and
ii. The name of the solo artist, vocal group, or band.
c. Affirmatively check the box or “I agree” button expressly confirming the following:
i. The person submitting this Entry is the designated Leader
ii. The person submitting this Entry is 18 years of age or older
iii. The person submitting this Entry acknowledges and agrees that the contest rules are available to him/her at www.b97.com, has had an opportunity to review them before entering this contest and agrees to be legally bound by those contest rules.
4. Song Requirements:
a. Only one (1) Song may be submitted per Entrant for entry in this contest (once an individual has entered this contest as either a solo artist, or vocal group, or band, they may not enter the Contest again as a solo act, or as a performer, songwriter, or member of a different vocal group or band).
b. The Song must be uploaded in the .mp3 file format (using the method described in Section 3 above).
c. The Song must be original written music and lyrics (if applicable), wholly written and created by the Entrant(s), may not include cover songs or karaoke style performances and must be fully performed by the Entrant(s). No sampling or recorded music may be included, unless the music was wholly created and written by one or more of the Entrant(s).
d. The Song must be at least two minutes (2:00). Songs that exceed five minutes (5:00) will not be disqualified, but Station will only be obligated to listen to the first five minutes (5:00) in determining whether the Entrant(s) will advance for consideration as a Finalist in this contest. Station will make such a decision on a case by case basis based in its sole discretion and is not required to make the same determination for every Song entered (it may treat different entrants/Songs differently, in its sole discretion).
e. Station reserves the right in its sole discretion to determine whether to post an Entry on the station website.
f. The Song MUST NOT contain any copyrighted music, lyrics, or other material. Songs containing any copyrighted material will be automatically disqualified, unless all of the writers and performers of that music are among the Entrants. A Song that includes (or is suspected to include, in Station’s sole discretion) any copyrighted lyrics or music or any pre-recorded music performed by anyone other than the Entrant (in whole or in part) will result in disqualification from this contest.
5. Station reserves the right, at its sole discretion and on a case-by-case basis, either to edit any Song or to disqualify any Entry that may contain or convey any language and/or imagery that the Station determines, subjectively or otherwise, (i) to be indecent, profane, obscene, explicitly sexual, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, libelous, or hateful, (ii) to be racially, ethnically, or otherwise offensive or objectionable, (iii) to encourage unlawful behavior, or (iv) to include brand names, trade-marks, trade names, logos or the intellectual property of any third parties. Station shall not be required to make the same determination based on the foregoing for every Song entered and may treat different Songs differently, in its sole discretion, even if the problematic word(s) are similar.
6. WHETHER OR NOT SELECTED AS A WINNER OR FINALIST, ALL ENTRIES (INCLUDING THE SONGS SUBMITTED) BECOME THE SOLE PROPERTY OF STATION AND MAY BE USED BY STATION IN ANY MEDIUM IT DEEMS DESIRABLE NOW OR IN THE FUTURE WITHOUT ANY COMPENSATION TO THE ENTRANT(S), OR ANY OF THE PERSONS WHO APPEAR IN OR PROVIDE MATERIALS FOR THE SUBMISSION, INCLUDING, WITHOUT LIMITATION, posting the Song and band information on the Station website. Station retains sole and exclusive possession and retains all rights to use any Entry, or any part thereof, including but not limited to the musical performance submitted with an Entry, indefinitely in any advertising, promotion or use of any other kind including, but not limited, to on-air and online usage without any compensation to Entrants or any third parties. The aforementioned stipulations apply to all winning and non-winning Entries.
7. Station is not responsible for any costs associated with submitting any Entry or any costs arising out of participating in the Contest or failure to adhere to official Contest rules.
8. By entering this contest, entrants acknowledge and agree that Station reserves the right to post some or all of the entries on the Station’s website or play some or all of the Songs on any of its radio stations, in whole or in part, in Station’s sole discretion.
9. Failure to submit and/or comply with the items as requested/required above may result in immediate disqualification. Station has no obligation whatsoever to notify any Entrant(s) if an entry has been disqualified and will not do so.
How to Win
10. Beginning after 5pm (CT) on April 26, 2013, members of the B97/WEZB Programming staff will review all eligible entries and select up to twenty (20) Entrant’s (each, a “Finalist” and collectively, the “Finalists”) they deem best based on any lawful criteria, which may include without limitation, a) originality, b) quality of musical composition and lyrics (if applicable), and/or c) quality of performance (subject to confirmation of eligibility and compliance with the Contest rules).
11. Station will contact each Leader of each Finalist via the email address and/or telephone number provided for the Leader during the entry/registration process. Each Leader must return the completed Participant Agreement and Release (Attachment A below), individually completed and signed by each and all of the performers on, and/or songwriters of, the Song submitted by the Finalist for entry in this contest, in the manner instructed by Station, not later than 5pm (CT) on May 1, 2013 (“Agreements”). Entrant(s) and signatories agree that (a) any electronically submitted signatures are deemed to be and are acceptable as if they were original signatures, and (b) to keep the original of the fully signed entry form for at least six (6) months after this contest ends and to provide it to Station, upon Station’s request, at any time prior to six (6) months after this contest ends whether or not the entrant is a winner in this contest.
12. The Grand Prize Winner of this contest will be determined in the following manner:
a. ROUND 1:
i. At approximately 5pm (CT) on May 2, 2013, Station will post the Song entries from the up to twenty (20) selected Finalists who returned the competed Agreement in time on its website, www.b97.com. Listeners will then be able to listen to the Songs and vote for their favorite Finalist, from among the up to twenty (20) Finalist’s as many times as they wish (subject to Station’s right to implement limits as set forth in the general contest rules) until 12pm (CT) on May 23, 2013. LISTENER VOTES WILL NOT BE A DETERMINING FACTOR IN THIS CONTEST, BUT MAY BE, IN STATION’S SOLE DISCRETION, ONE OF MANY FACTORS TAKEN INTO CONSIDERATION BY STATION JUDGES.
ii. On or about 4:00pm (CT) on May 23, 2013, up to ten (10) Finalists will be selected by the B97/WEZB Programming staff to continue to the next round of the contest, based on any lawful criteria (as described in Section 10 above).
iii. In the event that the Station receives fewer than eleven (11) total entries in this Contest, this first round will not end as scheduled but voting will continue until the end of the next scheduled voting round in which the planned remaining number of Finalists is below the original total and the selection of the Round2 Finalists will be selected on the date set forth below. For example, if nine (9) Finalists are verified by 5pm (CT) on May 1, 2013, voting on such Finalists will continue until 12:00pm (CT) on June 13, 2013 and five (5) Finalists will be selected by Station continue in the contest on June 13, 2013.
b. ROUND 2:
i. At approximately 5pm (CT) on May 23, 2013 (unless extended per Section 12(a)(iii)), Station will post the Song entries from the up to ten (10) Station-selected Finalists online at the Station’s website at www.b97.com. Listeners will then be able to listen to the Songs and vote for their favorite Finalist, from among the up to ten (10) remaining Finalist’s as many times as they wish (subject to Station’s right to implement limits as set forth in the general contest rules) until 12pm (CT) on June 13, 2013. LISTENER VOTES WILL NOT BE A DETERMINING FACTOR IN THIS CONTEST, BUT MAY BE, IN STATION’S SOLE DISCRETION, ONE OF MANY FACTORS TAKEN INTO CONSIDERATION BY STATION JUDGES.
ii. On or about 4:00pm (CT) on June 13, 2013 up to five (5) Finalists will be selected by the B97/WEZB Programming staff to continue to the next round of the contest, based on any lawful criteria (as described in Section 10 above).
iii. In the event that the Station receives fewer than six (6) total entries in this Contest, the first and second round will not end as scheduled but voting will continue until the end of the next scheduled voting round in which the planned remaining number of Finalists is below the original total and the selection of the Round 3 Finalists will be selected on the date set forth below, as set forth in Section 12(a)(iii) above.
c. ROUND 3:
i. At approximately 5pm (CT) on June 13, 2013 (unless extended per Section 12(b)(iii)), Station will post the Song entries from the up to five (5) Station-selected Finalists online at the Station’s website at www.b97.com. Listeners will then be able to listen to the Songs and vote for their favorite Finalist, from among the up to five (5) remaining Finalist’s as many times as they wish (subject to Station’s right to implement limits as set forth in the general contest rules) until 12pm (CT) on June 20, 2013. LISTENER VOTES WILL NOT BE A DETERMINING FACTOR IN THIS CONTEST, BUT MAY BE, IN STATION’S SOLE DISCRETION, ONE OF MANY FACTORS TAKEN INTO CONSIDERATION BY STATION JUDGES.
ii. On June 19, 2013, the five (5) Finalists selected on June 13, 2013 to advance in this contest will perform (the “Event”) for members of the B97/WEZB programming staff at Generations Hall 310 Andrew Higgins Drive in New Orleans, LA (the “Venue”). The Event will be free and open to the public, ages 18 and over. The following rules will apply to the Event performance:
a. Each Finalist must perform at the time designated by Station and must check-in at the Venue with Station staff at the time designated by Station.
b. In the event that a Finalist cannot, is unable, or is unwilling, to perform, that Finalist will be disqualified from any further participation in this Contest.
c. Station is not responsible to Entrants/Finalists if the Event is cancelled or postponed for any reason beyond Station’s control. In such event, Station will notify Finalists of how it intends to proceed. The Event may or may not be rescheduled, as determined in Station’s sole discretion.
d. All Finalists must show a valid government photo I.D. prior to being permitted to perform at the Event.
e. All Finalists hereby agree to strictly follow all instructions and directions given by the event staff at the event and understand that any intentional failure to comply with the processes, procedures and instructions may result in immediate disqualification, in Station’s sole discretion.
f. Performances at the event must not contain any indecency, profanity or obscenity as determined by Station in its sole discretion. ALL PERFORMERS MUST DRESSED APPROPRIATELY.
g. Each Finalist must provide its own instruments. Station will provide standardized backline and sound for all performers (festival-style).
h. Each performing Finalists must perform live, vocally and/or instrumentally and MUST PERFORM THE SONG USED TO ENTER THIS CONTEST, in additional to any other songs approved of in advance by Station (if any).
i. Persons not already designated as an Entrant in this contest in the original entry form, who may perform with, or participate in, the performance by a Finalist at this Event or the songwriter of a song performed at the Event other than the actual Song entered in this contest, shall not be deemed Entrants in this contest by virtue of their performance at or participation in the Event and are not entitled to any prize in this contest. The only person entitled to any prize in this contest are the named Entrants in the winning entry form originally submitted in this contest.
j. Use of pre-recorded music or vocals is prohibited for the event, except for tracks pre-recorded and fully performed by the participants (i.e. no third party copyrighted works or samples). No special lighting, props, scenery, special effects, such as smoke machines, may be used. Articles of clothing, decorated instruments, or stools will not be considered props.
iii. After 12pm (CT) on June 20, 2013, members of the B97/WEZB programming staff will select one (1) Finalist, based on evaluation of the of the Song submitted for Entry in this contest and of each Finalist’s performance at the Event (as described above) by any lawful criteria (as described in Section 10 above) to be the Grand Prize Winner in this contest, subject to verification of eligibility and compliance with these contest rules. Station judges may take the number of votes each Finalist received into consideration (but is not obligated to), but voting will not be a determining factor in the selection of the winner.
iv. Station will announce the potential Grand Prize Winner’s name on the air at approximately 5pm (CT) on June 20, 2013. The potential Grand Prize Winner need not listen in order to win. Station will contact the Leader of the potential Grand Prize Winner. In the event that any of the Winners is found to be ineligible the Station will disqualify the Winner (including all of the other associated Entrants).
v. In the event that an Entrant is disqualified for any reason after it has been selected as a Finalist or the Grand Prize Winner, Station is NOT obligated to select a replacement Finalist or Winner (but reserves the right to do so in its sole discretion, time permitting).
13. Station may, but is not obligated to, feature audio segments from the Songs entered by some or all of the Finalists in this contest, not exceeding twenty (20) seconds in length, for use in recorded audio vignettes and/or promotional announcements that will air on station to promote this contest. Use or frequency of use of a segment from a specific Entrant’s Song is not an indication of the Entrant’s current ranking in this contest, voter preference, or a decision by the Station judges regarding the specific Entrant’s advancement in this contest.
Prizes
14. Finalists of this contest are not entitled to any prize in this contest.
15. Each and all of the individual Entrants whose name appears on the Contest Participation and Release form (Attachment A) associated with the Entry of the one (1) Finalist selected to receive the grand prize in this contest (as described above), shall be the Grand Prize Winner of this contest, jointly and severally, subject to verification of contest eligibility and compliance with these rules, and receive the one (1) grand prize package in this contest valued at approximately $1400 (which amount shall be allocated equally for tax purposes regardless of actual use), of which some portions may not have a monetary value, consisting of the following:
? One (1) private “mentoring” session, not to exceed ninety (90) minutes in length and to be scheduled by the Station for a date to be announced, at Music Shed Studios 929 Euterpe Street New Orleans, LA, with an executive(s) from Interscope Records, who will travel to New Orleans to meet the winner, listen to and critique the winner’s performance(s), and offer professional advice and feedback.
? Up to twenty (24) total hours of Time at Music Shed Studios shall be awarded to the winner, and shall be approximately allocated as follows: 1) up to ten (10) hours of Time shall be applied to recording session(s) and services, which must be completed within any one (1) business day, based solely upon studio availability, subject to all applicable Music Shed Studios’ policies, and may only be rescheduled once conditioned upon winner providing Music Shed Studios with minimum forty-eight (48) hour notice of cancellation; 2) up to ten (10) hours of Time shall be applied to mixdown session(s) and services, which must be initiated and completed within a period not to exceed three (3) business days, based solely upon studio availability, subject to all applicable Music Shed Studios’ policies, and may only be rescheduled once conditioned upon winner providing Music Shed Studios with minimum forty-eight (48) hour notice of cancellation; and 3) approximately four (4) hours of Time shall be applied to a “mentoring session” for Contest winner by a National Record Company Representative, to take place at a time and on a date mutually agreed upon by Winner, Station and Music Shed Studios. This prize includes all fees, engineering costs, taxes, studio session recordings, all media on which the winner’s content may appear or be stored or delivered as part of this prize, and the final mixdown of a quality demo, which may consist of but may not be limited to approximately three (3) to four (4) finished songs/tracks. Winner shall be solely responsible for the cost of any additional studio time, fees, engineer costs, and taxes, accrued in excess of the twenty-four (24) hours of Time awarded in Contest. Music Shed Studios will not be liable or legally required to reimburse winner financially, or with free session time, for the loss of any files due to acts of God or technical failure. Additional studio policy information will be provided at the time of booking.
Sponsor(s)
16. The sponsors of this contest are Go Auto, Music Shed Studios, Interscope Records, and Entercom New Orleans, LLC.
Other Rules Specific to This Contest
17. Entry in this contest is gratis and not in exchange for any airplay, for the entrant(s) or anyone else. Any decision by the Station to play any such music (whether in connection with the Contest or otherwise) will be at the sole discretion of the Station and is in no way implicitly or explicitly in exchange for participation in this contest. If Station elects to play any such entry submission during or after this contest, Station may identify the entrant as a sponsor. IN NO EVENT DOES PARTICIPATION IN THIS CONTEST MEAN THAT ANY ENTRANT IS ENTITLED TO ANY AIRPLAY OF THEIR ENTRY SUBMISSION.
18. Any Entrant (either individual or member/performer of group) who claims to be using his own music may be disqualified at any level of the contest (or forfeit any prize in this contest after a winning band has been selected) if a musical copyright for the music exists which does not name the Entrant as author or co-author comes to Station’s attention. Station reserves the right to require evidence of ownership. Acceptable documentation to prove ownership of your music shall include either a certificate of copyright, proof of Song registration with BMI, ASCAP, etc., or a notarized copy of the application applying for the copyright with a signed statement by the Entrant as to its status.
19. Station is conducting this contest using proprietary software owned by a third party known as Second Street Media Inc. (“UPICKEM”). UPICKEM is not a sponsor of this contest but entrants may be required, as part of the entry process, to agree and consent to UPICKEM’s Terms of Service and Privacy Policy (both of which are available via a link during the contest entry process) (collectively, the “UPICKEM Policies”) and may be required to register with UPICKEM. While agreement to the UPICKEM Policies are required in order to enter this contest, the UPICKEM Policies are not a part of these contest rules but are a separate agreement between the entrant and UPICKEM. With respect to the conduct of this contest by Station, in the event of any conflict between the UPICKEM Policies and the Station contest rules, the Station’s contest rules govern.
20. Station is not responsible for any error or technical malfunctions associated with the UPickEm site that may affect any entrant’s ability to enter, win, or be properly considered in this Contest, regardless of the cause. In the event of a malfunction associated with the UPickEm site that Station (in its sole discretion) deems to materially and adversely affect this Contest, Station reserves the right to suspend this contest, terminate this contest without a winner, terminate this contest and select a winner early, provide alternative means of entry or any other changes to these contest rules that Station deems appropriate under the circumstances. Any such changes, terminations or suspensions will be announced on air and/or posted on the Station’s website, if applicable.
21. Employees of UPICKEM and its affiliates, their respective parents, affiliates, subsidiaries, advertising sponsors and promotional agencies, and the immediate family members of each are not eligible to win in this Contest.
Attachment A
B97 “B THE 1” – 2013 Official Participation and Release Form
If selected as a Finalist in this Contest, this Official Participation and Release form must be individually completed and signed by each and all of the performers on, and/or songwriters of, the Song submitted by the Finalist for entry in this contest (each, an Entrant), in the manner instructed by Station, and received by Station not later than 5pm (CT) on May 1, 2013.
1. Name of solo artist, vocal group or band (vocal group or band must consist of at least two (2) individual performers, members, and/or songwriters):
_____________________________________________________________________________
Note: solo artist, vocal group or band name may not include third party owned trademarks.
2. Name of Song submitted for entry in this contest:
_____________________________________________
3. The legal name, age, signature, address, e-mail address, and phone number of each and all of the performers on, and/or songwriters of, the Song submitted for entry in this contest (each, an Entrant), all of whom must be 18 years of age or older as of the date of entry, and all of whom must be legal residents of the United States and at least one of whom must be legal residents of Louisiana or Mississippi:
a. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
b. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
c. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
d. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
e. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
f. Legal Name: ________________________ Age: _____________
Signature: ____________________________________________
Address: _________________________________________________
Email address: ____________________________________________
Phone number: ___________________________________________
Check all that apply: ____Member ____Performer ____Songwriter
4. Please specify which ONE (1) of the above Entrants has been designated the “Leader” and individual who will be contacted if this solo artist, vocal group or band is selected as the grand prize winner of this contest: ______________________________________________________
5. By signing above, each Entrant expressly confirms:
a. Entrant(s) represents and warrants that he/she is over 18 years of age.
b. Entrant(s) agrees and acknowledges that Station, contest sponsors, and their respective affiliates, parents, employees, agents and all other related sponsors, may use for advertising and/or promotional purposes, entrant’s name, other entry materials and/or biographical information on radio, TV broadcasts, newspaper advertisements, on websites and/or any other medium in connection with participation in this contest or otherwise, without the payment of any additional compensation.
c. Entrant(s) and signatories agree that (a) such electronically submitted signatures are deemed to be and are acceptable as if they were original signatures, and (b) to keep the original of the fully signed entry form for at least 6 months after this contest ends and to provide it to Station, upon Station’s request, at any time prior to 6 months after this contest ends whether or not the entrant is a winner in this contest.
d. ENTRANT(S) REPRESENTS TO STATION THAT THE USE AND DISTRIBUTION OF SUCH SONG BY STATION WILL NOT VIOLATE OR INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS OF OTHERS.
e. Entrant(s) represents and warrants that they own the rights to, or have obtained permission to use, the Song submitted with each entry. By submitting an entry, Entrants(s) agrees to indemnify Station should any representations and warranties in these contest rules prove to be false or inaccurate. Station reserves the right at any time in its sole discretion to request proof in writing of any necessary authorizations, assignments or waivers required.
f. Entrant(s) understands and agrees that Station may elect to use any entry submitted for entertainment purposes and may choose to comment on, mock, poke fun at, and/or mimic any entry submitted.
g. Entrant(s) waives any right to make any claim against Station or any contest sponsors with respect to any comments - disparaging or otherwise - made regarding such Entrant’s entry.
h. Entrant(s) agrees to satisfy and comply with the entry requirements in the contest rules (including Station’s general contest rules) in order to participate, except with respect to the age requirement. In the event that any Entrant is not eligible, the entire associated entry will be disqualified. Eligibility for the Station contest will be determined by Station in its sole discretion.
i. Entrant acknowledges and agrees that the contest rules are available to him/her at www.b97.com, has had an opportunity to review them before entering this contest and agrees to be legally bound by those contest rules
A
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