The “Step Up
2 The Streets – Sing on the Soundtrack Contest”
OFFICIAL
CONTEST RULES
NO PURCHASE NECESSARY TO ENTER OR
WIN,
NOR WILL A
PURCHASE IMPROVE ONE’S CHANCES OF WINNING
I. NAME
OF SPONSOR
AND CONTEST ADMINISTRATOR
Sponsor/Administrator: ABC, Inc., dba Walt
Disney Studios Motion Pictures (the “Sponsor”), 500 South Buena Vista St.,
Burbank, CA 91521 (the “Sponsor”). Host: MySpace, Inc. (“MySpace"),407 N.
Maple Drive, Beverly Hills, CA 90210.
II. OVERVIEW OF CONTEST
The “Step Up 2 The Streets - Sing on the Soundtrack Contest” (the
“Contest”) is a competition for singers/rappers in which entrants (the
“Entrant(s)”) compete, subject to the eligibility requirements below, for the
opportunity to: (i) win the First Prize (the “First Prize”) consisting of traveling
to Los Angeles, or other location determined by Sponsor in its sole discretion
(“Location”) to perform on a master recording for the motion picture soundtrack
album tentatively entitled “Step Up 2 The Streets Original Motion Picture
Soundtrack” (the “Soundtrack”) from the motion picture tentatively entitled
“Step Up 2 The Streets” (the “Picture”); (ii) the opportunity to win the Second
Prize (the “Second Prize”) consisting of having their entry submission(s)
appear in the end credits of the Picture; and/or (iii) the opportunity to win
the Grand Prize (the “Grand Prize”) consisting of performing on a master recording
for the Soundtrack and Picture, appearing in a music video, and/or possibly
being awarded a recording contract to perform on additional recordings
(together, the “Recordings”).
The
Contest consists of three (3) categories:
a male vocalist category, a female vocalist category and a rap artist category
(“Male Vocalist Category,” “Female Vocalist Category” and “Rap Artist Category,”
respectively, or when referred to collectively, “Category(ies)”). Each Entrant may submit one (1) video to two (2) Categories:
(1) the Rap Artist Category; and (2) either the Male Vocalist Category or the
Female Vocalist Category. However,
no Entrant may win the First Prize in more than one (1) Category. The submissions of all Entrants who are
eligible to perform on the Soundtrack in accordance with
these Official Rules (the “Official Rules”), will be
judged by a panel of judges comprised of the Sponsor, celebrity music artists, the
Soundtrack producer and/or filmmakers of the Picture (the
“Panel”) who will select up to five (5) male vocalist finalists (“Male Vocalist Finalists”),
up to five (5) female vocalist finalists (“Female Vocalist Finalists”) and up
to five (5) rap artist finalists (“Rap Artist Finalists”). Male Vocalist Finalists, Female Vocalist Finalists and Rap
Artist Finalists are hereinafter collectively referred to as the
“Finalists”. The Finalists’
submissions will be posted on the contest page located at the URL www.myspace.com/stepupmovie
(the “Contest Page”) on the MySpace website (the “Website”) and judged by online
visitors to, and users registered with, the Website, whose votes will determine, subject to the eligibility and forfeiture provisions set forth
below, one (1) winner of the First Prize in each
Category. The submissions of all
eligible Entrants, including potential winners of the First Prize, will be
judged by the Panel, who will select, in their sole discretion, the winners of
the Second Prize. In
addition, the Sponsor may, in its sole discretion, and at any time during or
after the Contest, but no later than the domestic theatrical release of the
Picture, decide to award one (1) or more Grand Prizes to one (1) or more Finalists,
but will have no obligation to award a Grand Prize at all.
Any
individuals (including but not limited to employees, consultants, independent
contractors, and interns) who have, within the past six months, performed
services for, any organizations responsible for sponsoring, fulfilling,
administering, advertising or promoting the Contest or supplying the prizes, including,
without limitation, ABC, Inc, Walt Disney Studios Motion Pictures, the Walt
Disney Company and MySpace, Inc., and/or their respective parent, subsidiary,
affiliated and successor companies (the “Entities”), and immediate family and
household members of such individuals, are not eligible to enter the
Contest. "Immediate family
members" shall mean parents, step-parents, children, step-children,
siblings, step-siblings, or spouses.
"Household members" shall mean people who share the same
residence at least three months a year.
A. Eligibility for First Prize and Grand
Prize:
To be eligible for one of the First Prizes or the Grand Prize,
Entrants must, at the time of entry: (1) be a natural
person who is a legal resident of, and currently living in,
the 50 United States or the District of Columbia; (2) be
14 years of age or older; (3) have Internet
access and video production, editing and uploading capabilities as of October 8,
2007;
(4) be a registered user of the Website in compliance
with the
Website’s terms of use agreement; (5)
not be subject to any music publishing agreement, recording agreement,
production agreement, acting agreement or any similar agreement (either alone or as part of a musical group) that would
interfere with Entrant’s ability to enter into this Contest, perform on the
Soundtrack or the Recordings, appear in the Picture, or grant all of the rights to be granted hereunder; (6) be ready, able and willing to travel to Location on or
about December 11, 2007 to perform on the recording of the Soundtrack on or about December 12, 2007 or such
alternative travel or recording dates, and for such
number of days necessary, to complete recording of Entrant’s performance for
the Soundtrack, as designated by the Sponsor in its sole discretion, and if
selected as a Grand Prize winner, be ready, able and willing to travel to
Location to perform in the recording of the Recordings on the dates determined
by Sponsor; and (7) be willing to have their Video Submission (defined below) included
in the Picture, posted on the Website or otherwise published, in Sponsor’s sole
discretion, in connection with, or to promote, the Contest, the Soundtrack, the
Picture and/or the Website. Winners
of the First Prize will automatically be considered for the Grand Prize. Only Entrants who complete all required
entry and acceptance requirements and releases and submit materials in
accordance with the specifications set forth in these Official Rules or
otherwise on the Website in connection with the Contest will be eligible to
enter and receive the First Prize and/or the Grand Prize. In addition, the Finalists, the First
Prize winners (the “First Prize Winner(s)”) and the Grand Prize winner (the
“Grand Prize Winner”) may be required to enter into a recording and/or other
contract in order to perform on the Soundtrack or the Recordings, as applicable. Sponsor reserves the right to
disqualify any Finalists, First Prize Winners and Grand Prize Winner who does
not execute the required contracts within the time specified by Sponsor. In such event, Sponsor will have no
obligation to select alternate Finalists, First Prize Winners or an alternate
Grand Prize Winner.
B. Eligibility for Second Prize:
To be eligible for one of the Second Prizes, Entrants
must, at the time of entry: (1) be a natural person
who is a legal resident currently living in the 50 United States or the
District of Columbia; (2) be 14 years of age or older; (3) have Internet access and video production, editing
and uploading capabilities as of October 8, 2007; (4) be
a registered user of the Website in compliance with the Website’s terms of use agreement;
(5) not be subject to any
music publishing agreement, recording agreement, production agreement, acting
agreement or any similar agreement that would interfere with Entrant’s ability
to enter into this Contest or grant all of the rights to be granted hereunder;
and (6) be willing to have their Video Submission
(defined below) included in the Picture, posted on the Website or otherwise
published, in Sponsor’s sole discretion, in connection with, or to promote, the
Contest, the Soundtrack, the Picture and/or the Website. Entrants eligible for the First Prize
will automatically be considered for the Second Prize, regardless of whether
they are selected to be a Finalist for the First Prize. Only Entrants
who complete all required entry and acceptance requirements and releases and
submit materials in accordance with the specifications set forth in these
Official Rules or otherwise on the Website in connection with the Contest will
be eligible to enter and receive the Second Prize.
NO
PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF
WINNING.
Review these Official Rules carefully. Then, to enter the contest: (1) register with the Website or log in if you are already
registered; (2) go to the Contest Page and click on the “Listen Now” link to
listen to the Music Demo; (3) Choose how you want to enter: as a Rap Artist, Male Vocalist or
Female Vocalist; (4) click on the “Enter Now” link for each Category of the
Contest you choose to enter for which you are eligible, which will direct you
to the Contest submission pages; (5) Download the Demo Song and the Demo Lyrics
(together the “Music Demo”) by clicking on the “Download Demo Song” and the
“Download Demo Lyrics” links, respectively; (6) create a digital video
recording (the “Video Submission”) compliant with the Video Submission
Requirements detailed below of your singing performance to the music of the
Music Demo; and (7) follow the online steps and links to submit your entry (the
“Entry”) within the Contest Entry Period (defined below) by completing the
online entry forms (the “Entry Form”) and uploading your Video Submission.
Only
one Video Submission per Entrant per Category will be accepted for
judging. Any subsequent Video
Submission after the Entrant’s first Video Submission in a permitted Category will
be disqualified.
Video
Submission Requirements:
Video
Submissions must:
Be
submitted in one of the following formats: . mpeg,
Quick Time, or Windows Media format.
Video
Submissions must NOT:
(1) Exceed the length of
the Music Demo.
(2) Use any music other than
the Music Demo. The download and
use of the Music Demo are subject to the Music Demo Download and Use Conditions
set forth below. By downloading or
using the Music Demo, you irrevocably accept the terms of the Music Demo
Download and Use Conditions.
(3) Include mention,
depiction or performance of any copyrighted media production, including, but
not limited to music (except the Music Demo), films, books, television
programming, etc. or identifying descriptions of any media property.
(4) Include, e.g., in the
background, or on costumes, equipment or props: any trademarks, logos, insignia, location signage,
photographs, artwork or sculptures
owned by any person or entity other than yourself unless you have
obtained such person’s or entity’s consent;
(5) Include the likenesses
or photographs (still or moving), or voices, of any person from
whom you have not obtained consent to do so;
(6) Include a Video
Submission photographed/videographed by any person other than yourself from
whom you have not obtained consent to do so;
(7) Include material that
is (or promoting activities that are) sexually explicit, obscene, pornographic,
violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.),
discriminatory (based on race, sex, religion, national origin, physical
disability, sexual orientation or age), illegal (e.g. underage drinking,
substance abuse, computer hacking, etc.), offensive, threatening, profane,
harassing, or otherwise objectionable as determined by the Sponsor in its sole
discretion or that violates the Website’s Terms of Use; or
(8) Include any other
materials not specifically requested in the Official Contest Rules.
Entry
in the Contest is subject to these Official Rules, including without
limitation, the Conditions for Submitted Materials and the General Conditions
described below. The award of any
prize for the Contest is subject to these Official Rules, including without
limitation, the Judging/Prize Winner Selection and Acceptance Procedures set
forth below.
All personal information collected on
the Entry Form or otherwise will be used by the Sponsor for the purposes of
administering this Contest and as described herein and will be governed by the
Website’s privacy policy posted at http://www.myspace.com/Modules/Common/Pages/Privacy.aspx. Unless prohibited by the Website’s privacy
policy or by law, by entering this Contest, you grant MySpace permission to
share your e-mail address and any other personally identifiable information
with Sponsor for the purpose of administration, judging and prize fulfillment. In
the event of a dispute regarding the identity of the person submitting an
Entry, the Entry will be deemed to be submitted by the person in whose name the
MySpace account is registered on the Website. Entries by e-mail or any method other than as set
forth in this Section IV are void.
Any use of automated or programmed methods of
effecting Entry on-line is prohibited.
Normal
Internet access and usage charges imposed by your on-line service will
apply. It is your sole
responsibility to notify Sponsor in writing if your e-mail address changes. To
do so, go to the account settings for your MySpace account on the Website and
follow the instructions.
The Contest Entry Period begins on October 8, 2007 at 12:00:00 p.m. Pacific Time and ends on November 12,
2007 at 11:59:59 a.m. Pacific Time (the "Contest Entry Period"). The MySpace
computer is the official time keeping device for online entry into the Contest.
No entries into the Contest will be accepted before or after those dates unless
the Sponsor elects in its sole discretion to modify the
Contest Entry Period. Sponsor and
MySpace reserve the right to allow for minor fluctuations between the Entrant’s
timing device and the actual runtime of the Video Submission on the Website,
based on clear intent to comply with the Official Rules, as determined in the
Sponsor’s sole discretion.
VI. MUSIC DEMO DOWNLOAD AND
USE CONDITIONS
By downloading the Music
Demo (including the Demo Song and Demo Lyrics), you agree to the following
terms and conditions: (1) for each Video Submission you are permitted by these Official
Rules to enter, you are granted a limited, non-exclusive license to use the Demo
Song solely as background music, and the Demo Lyrics solely in connection with, your performance in the Video Submission and to
incorporate the Music Demo, one time only, into the Video Submission; (2) you may not use the Music Demo for any purpose except as set forth in these Official
Rules; (3) you may not reproduce
the Music Demo other than as necessary to create the Video Submission; (4) you may not distribute or publish the Music Demo or the
Video Submission containing the Music Demo other than to submit the Video
Submission to the Sponsor. You agree to defend, indemnify and hold
the Sponsor and MySpace and their parent, affiliates and
related companies, and the officers, directors, agents, employees and assigns
of each, harmless from and against any and all claims, demands, suits,
judgments, losses or expenses of any nature whatsoever (including reasonable
attorneys’ fees) arising directly or indirectly from your unauthorized use of
the Music Demo.
VII. CONDITIONS
FOR CONTEST MATERIALS
Failure to satisfactorily complete and timely submit all Contest
Materials (defined below) as required herein will result in
disqualification. All
Contest Materials submitted by you become the property of the Sponsor and will not be returned. All required documents must be completed in full. Any
attempted form of Entry other than as described herein is void. Submission of any Contest Materials not requested by the Official
Contest Rules may subject your Entry to disqualification.
"Contest Materials" includes, to the extent applicable:
(1) any information and material,
including the Video Submission, submitted by you in connection with the
Contest; (2) the Entry Form and any
other forms, contracts or releases required to be submitted by you for the
Contest, whether required by the Sponsor prior to or after judging and
selection; (3) your name, voice,
likeness, image and biographical data; and (4) all photographs, video or audio recordings, audiovisual
recordings or other audiovisual materials, writings, statements, dramatic
materials, ideas, quotations and any other intellectual properties of or by you
and furnished to the Sponsor by you in
connection with the Contest, whether submitted to the Sponsor or not. All material owned by the Sponsor or
Sponsor’s affiliated companies, including but not limited to the Music Demo and
any Picture logo, title art, etc. shall remain the property of such persons and
Entrants acquire no rights therein by virtue of this Contest
Your Video Submission must comply with the Video
Requirements detailed in Section IV. above. If your Video Submission violates any of the Video
Requirements detailed in Section IV. above, Sponsor, may, in its sole
discretion, disqualify such Entry.
If your Video Submission contains any of the elements prohibited by the
Video Requirements detailed in Section IV. above, such materials will not be
considered in the judging of your Video Submission. The Entrant should be able to provide all appropriate
clearances, permissions and releases for the Video Submission, including,
without limitation, releases from the submitting Entrant or others appearing in
the Video Submission and releases from creative consultants or others who
assisted in the creation of the Video Submission, including the videographer or
photographer of the Video Submission.
In the Event the Entrant cannot provide all required releases, Sponsor
reserves the right, in its sole discretion, to disqualify such Video
Submission, to secure any necessary releases and clearances for Sponsor’s
benefit to allow the Video Submission to remain in the Contest, or to edit,
crop, blur or alter the Video Submission in any way Sponsor deems necessary, in
its sole discretion, prior to display or exhibition of the Video Submission
should such Video Submission be selected by Sponsor for display or exhibition. You may only use as background music for
your singing performance in your Video Submission, the Music Demo provided for
download on the Contest Page. Any
Video Submission containing music other than the Music Demo will be
disqualified.
By entering the Contest
or submitting the Contest Materials, you represent and warrant to the Sponsor that: (1) the
Contest Materials and everything depicted in the Contest Materials, are wholly
original and do not infringe upon or otherwise violate any right of any person,
firm or entity, including, without limitation, that the singing performance
embodied in the Video Submission was performed and choreographed wholly by you
and that nothing in the Contest Materials is defamatory; (2)
you have all rights, licenses, permissions and consents necessary to submit the
Contest Materials in the Contest in accordance with these Official Rules; (3) no person other than you, nor any
entity, has any right, title or interest in and to any part of the Contest
Materials; and (4) you are not subject to any agreement
or arrangement (either alone or as part of a musical group), including without
limitation, any music publishing agreement, recording agreement, production
agreement, guild agreement, or any similar other agreement that would interfere
with your entering this Contest and granting all the rights granted hereunder
or in any other required documentation.
By entering the Contest, you agree that the Sponsor may film your
participation and your guests’ participation in any of the Prize(s), including
your performance in connection with the Soundtrack or Picture or otherwise in
connection with the Contest, and use such footage and your/their name, voice,
likeness, image, performance, biographical data, and city and state of
residence and Video Submission in any media or format now known or hereafter
devised, including the internet, for any purpose related to the Picture, including,
without limitation, in and in connection with the Contest and the Website and
in the advertisement, promotion, co-promotion or marketing of the Picture, the
Contest and the Website, but has no obligation to do so.
The Sponsor reserves the right, in its
sole discretion, to limit the number of Entrants whose
Video Submissions are posted on the Website and to remove any Video Submissions
that Sponsor has posted. You
further agree that the Sponsor has the right to modify,
edit, adapt, and electronically alter the Contest Materials, including your
Video Submission, as well as reproduce it/them, in whole or in part, without
compensation or further notice to Entrant, for any purpose,
including without limitation, for use on the Website, in the Picture or
otherwise.
Except as specifically provided for herein, by
entering the Contest, you hereby assign, transfer and grant to the Sponsor all
rights, including all exclusive exploitation rights, of every kind and nature
(including any and all copyrights and neighboring rights, to the extent such
assignment is allowed by law) in and to all recordings,
copyrights, trademarks, ideas, concepts, acts, poses and performances,
including, without limitation, all material composed, added, created, or
interpolated by you, from the inception of creation and irrespective of stage
of development or completion, that are submitted separately or embodied: (1) in the Contest Materials; (2) in
the Video Submission submitted by you; (3) in the Picture; and (4) otherwise in
connection with this Contest (collectively, the “Work”). All
rights to such Work are owned by the Sponsor solely and exclusively, for the
duration of the rights in each country and area and space, in all languages,
and throughout the universe, including, without limitation, the right to use,
re-use, reproduce, distribute, re-distribute, display, exhibit, transmit,
print, publish, broadcast, host, store, cache, download, stream, comment on,
edit, alter, modify, adapt, translate, and create derivative works based upon,
synchronize with visual material, make sound or video recordings, audiovisual
recordings, otherwise use, and permit others to use and perform or otherwise
exploit the Work throughout the universe, in all media now known or hereafter
discovered, including without limitation, the Website, the Contest, the
Picture, and in any marketing, advertising or promotion of the Contest, the
Picture and/or the Website, in whole or in part, in edited, unedited or
distorted form, without review, approval, notification or payment from or to
any person or entity, including without limitation any third party record
company or other company entitled to your exclusive performing services or any
other rights with respect to your performing services, or any union or guild.
EXCEPT FOR THE PURPOSES OF SUBMITTING YOUR VIDEO SUBMISSION TO THE CONTEST, YOU
MAY NOT USE, DISTRIBUTE OR PUBLISH YOUR VIDEO SUBMISSION WITHOUT SPONSOR’S
EXPRESS WRITTEN CONSENT.
You are aware and hereby acknowledge that new rights to the
Work may come into being and/or be recognized in the future, under the law
and/or in equity (hereafter the “New Exploitation Rights”), and you intend to
and do hereby grant and convey to the Sponsor any and all such New Exploitation
Rights to the Work granted by you hereunder. You and the Sponsor are also
aware and do hereby acknowledge that new (or changed) (1) technology, (2) uses,
(3) media, (4) formats, (5) modes of transmission and (6) methods of
distribution, dissemination, exhibition or performance (hereafter the “New
Exploitation Methods”) are being and will inevitably continue to be developed
in the future, which would offer new opportunities for exploiting the
Work. You intend to and do hereby grant and convey to the Sponsor any and
all rights to such New Exploitation Methods with respect to the Work. You
hereby agree to execute any document the Sponsor deems in its interest to
confirm the existence of the preceding and to effectuate its purpose to convey
such rights to the Sponsor, including without limitation the New Exploitation
Rights and any and all rights to the New Exploitation Methods. You
further hereby agree that you will not seek (1) to challenge, through the
courts, administrative governmental bodies, private organizations, or in any
other manner the rights of the Sponsor to exploit the Work by any means
whatsoever or (2) to thwart, hinder or subvert the intent of the grants and
conveyances to the Sponsor herein and/or the collection by the Sponsor of any
proceeds relating to the rights conveyed hereunder.
The Sponsor may assign all rights granted by you hereunder to any
party at the Sponsor’s sole discretion. Sponsor reserves the right to cancel, postpone and/or
modify the Contest, or any part of it, if any fraud, technical failures or any
other factor beyond Sponsor’s control impairs the integrity or proper
functioning of the Contest, or as otherwise deemed fair and appropriate by Sponsor in its sole discretion. Sponsor will not modify the Contest so as to adversely
impact any entrant’s chance of winning.
VIII. JUDGING/PRIZEWINNER
SELECTION AND ACCEPTANCE PROCEDURES
A. Judging
and Selection for the First Prizes and the Grand Prize
The Panel will select up to five (5) Male Vocalist Finalists, up
to five (5) Female Vocalist Finalists, and up to five (5) Rap Artist Finalists from
all entries eligible for a First Prize
that are received during the Contest Entry Period based on the following
criteria: quality and popular appeal (the "Judging Criteria"). Each of the Finalists' Video
Submissions, or portion thereof as determined by the
Sponsor, will be linked to or posted on the Contest Page for viewing and online
voting by registered users and unregistered visitors of the Website during the
period beginning on November 27, 2007 at 12:00:00 p.m. Pacific Time and ending on December 7,
2007 at 11:59:59 a.m. Pacific Time (the "Voting Period"), provided in
each case that the Entrant has complied with these Official Rules. Registered
users or unregistered visitors of the Website, including Entrants, will be instructed to vote for Video Submissions
in each of the three Categories (i.e., for their favorite Male Vocalist Finalist, for their favorite Female
Vocalist Finalist and for their favorite Rap Artist Finalist). Users may vote as many times as they
wish; however, votes/rankings generated by a script, macro or other automated
means will be disqualified. The Entry
in each Category to receive the most votes will be eligible to claim the First Prize.
If there are multiple Entrants that receive the same number of votes in a
Category to qualify them for the first position, a member or members of the Panel,
chosen by Sponsor in its sole discretion, will make the final selection to
break the tie. The Panel, may also,
in its sole discretion, award more than one (1) First Prize Winner in each
Category. The First Prize Winners
will be notified by e-mail or telephone on or about December 8, 2007 by 12:00 p.m. Pacific Time and must respond thereto within twenty-four
(24) hours or risk forfeiting the First Prize. Potential winners must be able to receive telephone
calls from an unlisted and/or blocked number. If a prize
notification is returned as undeliverable or the potential First Prize Winner
otherwise cannot be readily contacted, the First Prize will be forfeited and
the Sponsor may, in its sole
discretion, award the forfeited First Prize to the eligible Finalist with the
next highest number of votes through the same notification process. If that
Finalist also does not respond within twenty-four (24) hours of notification,
then the Sponsor may, in its sole
discretion, award the forfeited First Prize to the eligible Finalist with the
next highest number of votes through the same notification process. The Sponsor will not be required to award any forfeited First
Prizes.
The Sponsor may
also select one (1) or more Grand Prize Winners from among the Finalists. In consideration of Sponsor considering
you as one (1) of the Finalists, and for other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, you agree that an
entity designated by Sponsor (each such entity, and all such entities
collectively, are referred to herein as the “Designee”) shall have the
exclusive and irrevocable right and option (each, an “Additional Agreement
Option”) to require you to enter into one or more of the following
agreements: (1) an exclusive
worldwide recording agreement (“Recording Agreement”); (2) an exclusive
worldwide music publishing agreement (“Publishing Agreement”); (3) an exclusive
worldwide management agreement (“Management Agreement”); (4) an exclusive
worldwide agreement for endorsements, merchandising, sponsorships and/or
touring (“Endorsement Agreement”).
The Recording Agreement, Publishing Agreement, Management Agreement and
Endorsement Agreement are sometimes each individually referred to herein as the
“Additional Agreements”.) The
exercise or non-exercise of any Additional Agreement Option shall in no way
affect or be construed to limit any rights granted to Sponsor herein, or to
suggest in any way that such rights have not already been granted to
Sponsor. Each Additional Agreement
shall be on terms and conditions customary in the music industry for a new
artist whose first major appearance is on a soundtrack album for a motion
picture, and shall be presented to you prior to the selection of the
Finalists. You understand that you
shall be required to execute each such Additional Agreement as a condition to
being further considered to be one of the Finalists, but notwithstanding your
execution of each such Additional Agreement, each Additional Agreement shall
only be effective if the applicable Additional Agreement Option is exercised in
accordance with the terms set forth below. You understand and agree that each such Additional Agreement Option may be exercised
by the Designee at the sole and absolute discretion of the Designee
(irrespective of the results of the Contest), such Additional Agreement Option
in each case to be exercised, if at all, by giving you written notice thereof
(which notice may, but is not required to, be sent by certified mail or regular
mail) or by email, at the Designee’s election, no later than one hundred twenty
(120) days following the date of the initial domestic theatrical release of the
Picture. You understand that Sponsor
may designate different Designees with respect to each of the Additional
Agreements. You agree that, upon
the Designee’s exercise of its Additional Agreement Option with respect to an
Additional Agreement, the Designee and you shall automatically be deemed to
have entered into such Additional Agreement as of the date of the option
exercise and you will be fully bound by and obligated to perform under such
Additional Agreement. You hereby
represent and warrant that as of the date you entered the Contest, you have not
entered into any contract or arrangement which might prevent you from entering
into the Recording Agreement or the Endorsement Agreement and that in the event
you are prevented from entering into the Recording Agreement or the Endorsement
Agreement, you shall be immediately disqualified from the Contest. You hereby represent and warrant that
as of the date of you entered the Contest, you have not entered into any
contract or arrangement which might prevent you from entering into the
Management Agreement or the Publishing Agreement. You acknowledge, understand
and agree that in the event that any Additional Agreement is entered into
between you and a third party which is not wholly owned and controlled by Sponsor,
then Sponsor assumes no liability or obligation whatsoever pursuant to the
Additional Agreements (including, without limitation, any failure or refusal by
the applicable contracting party to perform any obligation thereunder, or any
other breach or default of the applicable contracting party of any obligation
pursuant to any Additional Agreement).
You acknowledge and agree that, should you be awarded the Grand Prize,
Sponsor (or any associated company) shall be entitled to produce (or license
any third party to produce), for no additional consideration to you, whether as
a stand-alone program or as part of another program, any and all of the
following career milestones which may occur during or subsequent to your
performance on the Recordings: (1) the first performance of your first recorded
single; (2) the first showing of the video featuring your first recorded single
and/or you as a performer; (3) your first televised interview and/or appearance
on a talk show; (4) your first televised performance as a singer following your
being awarded the Grand Prize; and (5) your first live concert and any
television or film production thereof.
The award of the
Grand Prize(s), if any, will be the Sponsor’s sole discretion. The Sponsor’s decision to award the
Grand Prize may or may not necessarily be based on the Judging Criteria and may
or may not necessarily be based on the judgment of the Panel.
As a condition to receiving the First Prize or
the Grand Prize, the potential Finalists, potential First Prize Winners and
potential Grand Prize Winner will be required to sign and return to the Sponsor within the time specified by the
Sponsor and as applicable: (1) proof of age, identity and residency in the form satisfactory to the Sponsor; (2) an affidavit of eligibility/liability and publicity
release/prize acceptance (where legally permissible); (3) an assignment of rights, if required; (4)
a travel companion liability and publicity release; (5) a standard artist or Additional Agreement and other work
documentation as may be required by the Sponsor or the
production company producing the Soundtrack, the Picture, or the Recordings, as applicable; and (6) any such other documentation as
the Sponsor may require in its
sole discretion. If the potential Finalists, potential First Prize Winners and
potential Grand Prize Winner do not execute and return all such documentation
within the required timeframe, then such Finalist consideration and First
Prizes and Grand Prize will be forfeited and the Sponsor
may select another Finalist, First Prize Winner or Grand Prize Winner.
Finalists
for the First Prize will be posted on the Website, provided that Sponsor receives
a sufficient number of eligible entries that also satisfy the Judging
Criteria. The First Prizes will be
awarded, subject to the performances needed on the Soundtrack as determined by
the Panel in its sole discretion and any applicable guild regulations. The Panel
will have no obligation to select any, nor all, individuals winning the First Prize
in any Category to record their voice for the Soundtrack nor to include the First
Prize Winners’ performances, if any, on the Soundtrack. If the First Prize Winner’s performance
is recorded and included on the Soundtrack, the Panel reserves the right to
record such First Prize Winner’s performance as a featured or non-featured
performance. Individuals who are
awarded a First Prize, but who are not selected to perform in the recording of
the Soundtrack will still be entitled to participate in the trip portion of the
First Prize and to visit the recording studio on the day of the recording of
the Soundtrack.
Upon receipt of all required documentation and verification that
Entrants meet the Contest eligibility requirements, the Sponsor will announce the First Prize Winners on the Website after
December 8, 2007.
A list of the First Prize Winners will be provided after
December 8, 2007 upon request by sending a written
request and a stamped, self-addressed envelope to the Sponsor
at: Walt Disney Studios Motion Pictures, 500 South Buena Vista
St., Burbank, CA 91521-1335, Attention: Step Up 2 The Streets Sing on the
Soundtrack Contest.
If Sponsor
decides to award the Grand Prize, Sponsor may announce the Grand Prize Winner
on the Website, but has no obligation to do so.
B. Judging and Selection of the Second
Prizes
From all of the entries submitted during the Contest Period, the Panel will select, in their sole
discretion, Video Submissions, or portions thereof, to be featured in end
credits of the Picture and otherwise as determined by the Sponsor. The number,
if any, of Video Submissions selected to be featured in the end credits of the
Picture will be in the sole discretion of the Panel. The Panel will
have no obligation to use any Video Submissions in the Picture or otherwise in
connection with the Second Prize.
Entries by all individuals eligible
for the First Prize will automatically be judged for selection for the First Prize and the Second Prize; however, the Judging
Criteria and Selection Procedures for the First Prize will not apply to the
selection of the Second Prizes.
The Panel will select the
Second Prize winners (the “Second
Prize Winner(s)”) based on their sole creative and production judgment as to
which Video Submissions are most suitable for the Picture’s end credits.
The Second Prize Winners, if any, will be notified by e-mail or
telephone on or before December 15, 2007 and must respond thereto within the
date and time specified by the Sponsor or risk
forfeiting the Second Prize. A list of the Second Prize Winners will be
provided after March 1, 2008, upon request by sending a written request and a
stamped, self-addressed envelope to the Sponsor at: Walt Disney
Studios Motion Pictures, 500 South Buena Vista St., Burbank, CA 91521-1335,
Attention: Step Up 2 The Streets
Sing on the Soundtrack Contest.
Second Prize Winners will be required to sign
and return to the Sponsor within the time specified by
the Sponsor: (1) proof of age,
identity and residency in a form satisfactory to the Sponsor;
(2) an affidavit of eligibility/liability and
publicity release/prize acceptance (where legally permissible); (3) an assignment of rights, which
must be approved by a court if the Entrant is a minor; and
(4) any such other documentation as the Sponsor may require in its sole
discretion. If the potential
Second Prize Winner is a minor, the minor’s parent or guardian will be required
to sign all documentation, including without limitation, the affidavit of
eligibility/liability and publicity release/prize acceptance and the assignment
of rights and comply with all requirements for court approval. If the potential Second Prize Winner,
and in the case of a minor, his/her parent/guardian as well, does not execute
and return all such documentation and comply with all requirements for court
approval within the required timeframe, or if, in the case of a minor, a court
fails to approve documents required to be approved by a court, such Second
Prize will be forfeited and the Sponsor may, in its sole discretion, select
another Second Prize Winner.
The Prizes are subject to availability. Neither the Sponsor nor MySpace is responsible for cancellation, or preemption of the
Contest. The Prizes are
non-transferable and may not be sold or otherwise exploited for any commercial
purpose. You agree that neither the Sponsor nor MySpace,
or any entity affiliated with them, will be responsible for injuries or losses
of any kind resulting from acceptance or use of the Prizes.
Subject to the conditions of
these Official Rules, at least three (3) First Prize Winners (i.e. the
individual winning the First Prize
in the Male Vocalist Category, the individual winning the First Prize in the
Female Vocalist Category and the individual winning the First Prize in the Rap
Artist Category) will each receive one (1) round-trip coach air ticket on an
“if-used” basis (and to be arranged by the Sponsor) for the First Prize Winner
and one (1) guest between the nearest airport to the First Prize Winner’s city
of residence within the United States and the Location; hotel accommodations in the Location for each of the First Prize Winners
(one room, double occupancy on an “if-used” basis) for such number of days and nights
as the Sponsor shall designate in its sole discretion based on the requirements
of the Soundtrack production and the number of days and nights the Sponsor
determines is necessary to fulfill the First Prize; and the opportunity
for the First Prize Winner to perform on the Soundtrack, subject to the First Prize
Winner’s eligibility, availability and any other conditions set forth in these
Official Rules.
The First Prize Winners and their respective guests may be required to travel
together on same itinerary and a minor may not participate in the trip unless
the First Prize Winner is his/her parent/legal guardian. The guest will be required to execute
and return a Release of Liability and publicity release prior to
ticketing. Transportation
will not be included in the First Prize for the First Prize Winner or his/her
guest if the First Prize Winner lives within a 100 mile radius of the Location. Neither transportation nor
accommodations will be included in the First Prize for winners who live within
a 50 mile radius of the Location. All
travel and accommodation arrangements must be made through the Sponsor. Each First Prize Winner and his/her guest is responsible for all
meals, tips, and any and all applicable taxes, insurance, ground
transportation, parking, and all other expenses not specified above as included
in the First Prize. The approximate retail value of the First Prize is $2000.
Travel, lodging, performances and trip itinerary are subject to change,
availability, certain restrictions, blackout dates and Sponsor’s approval and
must be completed by March 31, 2008.
Actual First Prize value will vary depending on travel and accommodation
arrangements, and may be higher taking into account intangible benefits. No alternative prize, cash or other
substitution is permitted except in the sole discretion of the Sponsor for any
reason whatsoever. The Sponsor
will not replace any lost or stolen tickets, travel vouchers, certificates or
prize items. The compensation, if
any, for performing on the Soundtrack is not part of the First Prize and will
not be determined or paid for by Sponsor or MySpace. You may be required by the producer or others associated
with the Picture to fill out, sign and agree to all of the terms and conditions
of additional forms, such as a talent contract, management contract, recording
contract or talent guild forms. You may also be subject to a thorough background
investigation and other examinations, at producer's discretion. Your failure to sign all required
documents may result in your disqualification from performing in the Soundtrack.
Federal,
state and local taxes, if any, are the sole responsibility of the First Prize
Winners, who will receive a 1099 tax form reflecting actual value of any prize. The Sponsor reserves the right, in its
absolute discretion, to make substitutions of equivalent kind or value to the First
Prize, or portion of the First Prize, in the event of unavailability of all or
part of any of the First Prize or for any reason whatsoever, but is not
required to do so. Disqualification and the
selection of an alternate First Prize Winner (if the Sponsor so chooses in its
sole discretion) will result from any of the following: (i) failure of the
potential First Prize Winner to accept the prize within the time period
specified by Sponsor in its sole discretion upon notification; (ii) the return
of any phone, fax or e-mail notification as undeliverable after 1 attempt;
(iii) if the potential First Prize Winner is unavailable to make the trip and
perform on the Soundtrack; (iv) the failure of the potential First Prize Winner
to execute and return an Affidavit of Eligibility/Liability/Publicity Release within the time period specified by the
Sponsor; (v) the return of any other notice or the prize as undeliverable; and
(vi) any other non-compliance with Rules.
Second Prizes may be awarded in the sole discretion of the Panel. The
Video Submission, or portion thereof, of each Second Prize Winner, if any, will
be featured in the end credits of the Picture and on the Website and elsewhere
as determined by the Panel. Receipt of a Second Prize will be subject to an assignment
of all rights in the Video Submission and in the case of a minor, subject to
all legal requirements in connection with court approvals and prize award. The number of Second Prizes, if
any, will be determined by the Panel in
its sole discretion.
C. The
Grand Prize
The winner(s) of
the Grand Prize, if any, will receive a recording contract to record one or
more of the Recordings, which Recordings may or may not be in connection with
the Picture and will be on a record label selected by Sponsor or Sponsor’s
assigns or designees, in its/their discretion. The
compensation, if any, for performing on the Recordings is not part of the Grand
Prize and will not be determined or paid for by Sponsor or MySpace. You may be required by the producer or
others associated with the Recordings to fill out, sign and agree to all of the
terms and conditions of additional forms and contracts, such as a talent
contract, management contract, recording contract, touring contract, music
publishing contract or talent guild forms. You may also be subject to a thorough background
investigation and other examinations, at the discretion of the producer of the
Recordings. Your failure to
sign all required documents and contracts may result in your disqualification
from performing on the Recordings.
The Sponsor and MySpace are not responsible
for and are not liable for: (1)
any lost, late, incomplete, invalid, un-intelligible or misdirected Video
Submissions, which are void and will be disqualified; (2) telephone, telecommunications, hardware
or third party software malfunctions, failures, or difficulties of any kind; (3) any failed, partial or garbled
computer transmissions, or for technical failures of any kind, including but
not limited to electronic malfunction or damage of any network, hardware or
software. (4) any condition
caused by events beyond the Sponsor’s and the Website’s control
that may cause the Contest to be disrupted, corrupted or terminated; (5) any printing or typographical
errors in any materials associated with the Contest, including without
limitation, the Website; (6) any incorrect or inaccurate entry
information whether caused by you or any equipment or matter under the
Sponsor’s or the Website’s control; or (7) any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, entries; or any problems or technical malfunctions of any
telephone network or lines, computer online systems, servers, or providers,
computer equipment, software, failure, misdirection or delay of any e-mail or
electronic entry to be received on account of technical problems or traffic
congestion on the Internet or on the Website, or any combination thereof,
including any injury or damage to Entrant’s or any other person’s computer
related to or resulting from participation in or downloading or uploading any
materials from the Contest. In the
event of a dispute over an electronic entry, the Prizes will be awarded to the
owner of the e-mail account, not the name on the Entry Form. The Sponsor and MySpace
reserve the right to disqualify, in their sole discretion, any person tampering with the entry process, the operation of the
systems required to conduct the Contest or operate the Website, or who is
otherwise in violation of these Official Rules. The Sponsor and MySpace reserve
the right, in their sole discretion, to cancel, terminate, modify, or suspend
this Contest should they determine that any virus, bug, non-authorized human
intervention or other causes beyond their control corrupt or affect the
administration, security, fairness or proper conduct of the Contest. All issues concerning the
construction, validity, interpretation and enforceability of these Official
Rules, and the rights and obligations of the participants, shall be determined
by the Sponsor and MySpace in their sole discretion and
governed by California law without regard to any conflict of laws principles.
The Contest is subject to all federal, state and local laws. Void where
prohibited by law. The Sponsor, MySpace, or any person
or entity affiliated with them, do not make any representation, warranty or
guarantee, express or implied, relating to the Contest.
You hereby agree
to release, indemnify and hold harmless the Entities and the Panel, and their respective
officers, directors, shareholders, employees,
agents or representatives (individually and collectively, “Releasees”) from
any and all liability for claims, injuries, losses or damages of any kind
(“Claim”) resulting, in whole or in part, directly or indirectly, from the awarding, delivery,
acceptance, use, misuse, possession, loss or misdirection of any prize; arising out of or related to your participation in the Contest
or from any activity or travel related thereto or from any interaction
with, or downloading of, computer Contest information or files. If a Claim arises that cannot be waived
or barred, Entrant’s sole remedy is at law. The
Releasees shall not be liable to any winner or any other person for failure to
supply any prize(s) or any part thereof, by reason of any acts of God, any
action(s), regulation(s), order(s) or request(s) by any governmental or
quasi-governmental entity (whether or not the action(s), regulation(s),
order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist
acts, earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor
or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, or any other cause beyond the Releasees’
control. The Releasees shall not
be responsible for any cancellations, delays, diversions or substitutions or
any act or omissions whatsoever.
Odds
of winning depend on number of valid entries received and the nature and
quality of the Entries. By entering
the Contest, Entrants agree to (i) be bound by these Official Rules and by
decisions of the Sponsor, MySpace,
and the Panel, as applicable, whose decisions shall be final and binding in all respects as to all
Contest-related matters and (ii) waive any right to claim ambiguity in the
Contest of these Official Rules.
Competing in the Contest includes action-oriented activities (“Action
Activities”) that involve risk or injury.
By participating in such Action Activities, Entrants acknowledge and
assume such risk. All legal responsibilities of a minor under the Official
Rules will be assumed by the parent or legal guardian.
For a copy
of these Official Rules, please send a self-addressed, stamped envelope to: Walt Disney Studios Motion Pictures, c/o “Step Up 2 - Sing on
the Soundtrack Contest” Official Rules, 500 South Buena Vista St., Burbank, CA
91521-1335 (WA and VT residents only may omit return postage). All requests for the Official Rules or for
the names of prize winners must be received no later than 45 days after the
close of the Voting Period.