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:
B. Eligibility for Second Prize:
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;
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.
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.
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.
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.