Contest Rules - Claim2Fame

Contest Rules

Contest Eligibility

1.1. The Contest is open to individuals who, as of the start of the Contest, are aged 13 and up. Contestants must provide valid proof of age and photo identification (such as a birth certificate and driver’s license or a passport) if requested. Contestants must be able to travel freely. Contestants must be citizens or legal residents of the United States and/or Canada. Residents of Arizona, Florida, New York, Rhode Island, United States’ territories and the Province of Quebec are excluded. No purchase is required.

1.2. Individuals who are employees of, or live with an employee of, or are a parent, sibling or child of an employee of, the following entities are not eligible to participate in the Contest: Claim2Fame Inc., the Judges, their respective advertising and promotional agencies, any person or entity connected with the production, administration or judging of the auditions or the Contest, including any potential affiliated auditions or competitions held by radio stations, and the parent companies, affiliates, subsidiaries, agents or representatives of any of the above entities (collectively, the “Hosts”) .

1.3. No Contestant will be permitted to participate without having evidenced their agreement to these Official Rules via the applicable “Claim2Fame” website “click-thru” procedures.

1.4. The Contestant who is chosen as the potential winner of the Contest will be required to sign a declaration, release and discharge (the “Declaration”). Any Contestant under the age of majority in their province or state of residence must have their parent or legal guardian review, approve and sign the Declaration.

1.5. An artist’s sound recording and musical work copyrights cannot be encumbered by any third party company such that the Artist is unable to clear master use, mechanical, synchronization or other copyright-related clearances of copyrighted sound recordings, musical works, audio-visual productions, photographs or other such materials used by Claim2Fame.

a) Artists signed to a direct artist deal or a “so-called” 360 deal with a major label are not eligible.

b) An artist may be signed to a management or agency deal, as long as their manager or agent does not own or exclusively control the Artist’s sound recording or musical work copyrights created or utilized by Claim2Fame.

c) Artists with a third party licensing or distribution deal may be eligible, however a copy of such agreement must be sent (if requested) with the application to be reviewed confidentially by Claim2Fame. Claim2Fame reserves the right to deem an applicant ineligible based on the terms and conditions of such agreement.

d) Artists signed to third party exclusive publishing or co-publishing agreements are not eligible, however the Artist may have individual songs published as long as such publishing does not encumber the Artist from participating in any way with this contest. Non-exclusive song shopping or administration agreements are acceptable as long as the Artist retains signing authority for the musical works created or utilized by Claim2Fame.

1.7 Promotion Period and Host

The computer clock of Claim2Fame Inc.’s webmaster is the official time-keeping device in the promotion.
This Contest is sponsored and hosted by Claim2Fame Inc.

Contest Submission Details and Uploading of Contestant Material.

2.1. In order to enter the Contest, Contestants will be required to record their own audiovisual performances (“Videos”) or audio performances (“Audio Performances”). Audio may be uploaded to the Claim2Fame site. You may also embed a YouTube, Vimeo or SoundCloud link of your material. The Videos and Audio Performances will be available for viewing and listening to by the Hosts and Judges and displayed and promoted, on but not limited to, the Claim2Fame site, associated social media platforms and may be used for promotional purposes on radio and television.

2.2. It is a condition of entry and participation in the Contest that the Contestant have access to appropriate computers/devices with internet access and appropriate recording equipment for participation in the Contest.

2.3. Each submitted Video or Audio Performance for the “Original” Song Contest:

a) Must contain only content that, in the sole and unfettered discretion of the Hosts is suitable for all persons over the age of 13;

b) Must not, in the sole and unfettered discretion of the Hosts, contain any nude, sexually explicit, disparaging, discriminatory, libellous or other inappropriate content;

c) Must not, in the sole and unfettered discretion of the Hosts, contain any commercial content that promotes any product or service other than the Host entities. Contestants should refrain from wearing any clothing items bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, in posting Videos;

d) May be submitted only once;

e) Must not contain any copyright works (other than as owned by the Contestant);

f) Must contain entirely original materials (i.e. no cover versions permitted in the “original” song contest).

2.4  Each submitted Video or audio Performance for the “Cover” Song Contest:

a) Must be uploaded to Claim2Fame as a video or audio file as described on the submission form.

b) Must contain only content that, in the sole and unfettered discretion of the Hosts is suitable for all persons over the age of 13;

b) Must not, in the sole and unfettered discretion of the Hosts, contain any nude, sexually explicit, disparaging, discriminatory, libellous or other inappropriate content;

c) Must not, in the sole and unfettered discretion of the Hosts, contain any commercial content that promotes any product or service other than the Host entities. Contestants should refrain from wearing any clothing items bearing designer or sports logos or bearing the name or likeness of a celebrity, living or dead, in posting Videos;

d) May be submitted only once;

2.5 Entries may be submitted only once. Only one email address and account may be used by any person to enter the Contest. In the event that the Hosts receive more than one (1) entry per person, the Hosts reserve the right to void and destroy duplicate entries, and that Contestant may, at the sole discretion of the Hosts, be disqualified from the Contest.

2.6 The Hosts take no responsibility for entries that are lost, misdirected, delayed, or received after the Contest deadline or any issues associated with trying to post content and any corruption that occurs thereto.

Selection Process and Prize Fulfilment.

3.1 The winner will be selected by a panel of judges comprised of one representative of Claim2Fame Inc., and one or more representatives of the recording and/or broadcast industries. The 1st, 2nd and 3rd place finishers can earn up to a possible 35 points based on the following criteria: fan votes, vocal quality, originality and artistic impression, overall talent and potential. Fan votes will be used only in the case of a tie. The entries with the highest score will place 1st, 2nd and 3rd respectively.

3.2  “Claim2Fame” will notify the 1st, 2nd and 3rd place winners by the email supplied as soon as is reasonably practical in advance of the announcement date. The winners will be displayed on but not limited to the Claim2Fame website, Social Media platforms, broadcast radio and television and the home pages of any associated sponsors.

3.3. The approximate value of the Prizes offered are outlined on the Contest Page here. The odds of winning the Prize depend on the number of eligible entries received during the Contest and the opinions of the Judges, bearing in mind the judging criteria.

3.4 The Prize may not be transferred or assigned except by the Hosts. The Prize must be accepted as awarded, without substitution, and is not transferable or convertible to cash and is not for resale. The Hosts reserve the right in the event that the Prize (or any component thereof) cannot be awarded as described for any reason, to substitute another prize (or any component thereof) with another prize of equal or greater value, without liability. Reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of the Prize, are the sole responsibility of the Prize winner. The Hosts expressly disclaim any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the Prize awarded. The Hosts make no representations or warranties concerning the appearance, safety or performance of the Prize (or any component thereof). Restrictions, conditions, and limitations apply. The Hosts will not replace any lost or stolen Prize items.

3.5 It is a condition of entry and participation in the Contest that the Contestant who wins the Prize, with the benefit of independent legal advice, enters into the Contracts, as may be provided by the Hosts, in their discretion. Should the Contestant for any reason fail to enter into these agreements (or any of them) the Hosts reserve the right to disqualify the Contestant from the Contest.

3.6 The Host reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Content or to be acting in violation of the Official Rules of this or any other promotion or in a disruptive manner. The Host reserves the right to seek damages from any such person to the fullest extent permitted by law. The Host’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision

3.7 Cash prizes will be awarded in the currency of the winner’s country of residence and will be delivered within 30 days after the official announcement of the winners.

3.8 Delivery of prize packages involving travel and or in person training or digital products will be scheduled within 30 days from the official announcement of the winners. Fulfilment of prize packages involving travel and personal training will be subject to the schedules of the celebrity/experts engaged to perform the training and may fall outside the 30 day time frame outlined above.

Ownership and Responsibilities

4.1 Each Contestant retains ownership of any Videos and/or Audio Performances he/she submits in the Contest. However, as a condition of entry and participation in the Contest, each Contestant in the “Original” Song Contest agrees to the following:

a) WARRANTS AND REPRESENTS THAT THE CONTESTANT OWNS ALL LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO THE CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS HE/SHE IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH CONTEST VIDEO AND/OR AUDIO PERFORMANCE, AND ALL UNDERLYING ELEMENTS OR OTHER WORKS INCORPORATED INTO THE VIDEOS INCLUDING, WITHOUT LIMITATION, THE MUSIC AND LYRICS PERFORMED;

b) WARRANTS AND REPRESENTS THAT THE CONTESTANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE RECORDING, OR, ALTERNATIVELY, THAT THE CONTESTANT REPRESENTS AND HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE CONTEST VIDEO AND/OR AUDIO PERFORMANCE OR ANY ADDITIONAL MATERIALS, TO GRANT THE RIGHTS TO THE HOSTS OR WAIVE THE RIGHTS (AS APPLICABLE) AS DESCRIBED IN THESE OFFICIAL RULES, AND CAN MAKE SUCH PERMISSIONS AND WAIVERS AVAILABLE TO THE HOSTS UPON REQUEST;

c) WARRANTS AND REPRESENTS THAT HIS/HER CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS, ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED, HE/SHE HAS THE RIGHT TO SUBMIT THE CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS, AND IN DOING SO DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY;

d) WARRANTS AND REPRESENTS THAT HIS/HER CONTEST VIDEOS AND/OR AUDIO PERFORMANCES AND ANY ADDITIONAL MATERIALS, DO NOT INCLUDE ANY CONTENT THAT IS UNLAWFUL, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTUOUS, DEFAMATORY, VULGAR, PORNOGRAPHIC, OFFENSIVE, INDECENT, LIBELLOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;

e) WARRANTS AND REPRESENTS THAT THE CONTESTANT HAS NOT ENTERED INTO ANY CONTRACTUAL, COMMERCIAL, SPONSORSHIP OR OTHER ARRANGEMENTS IN RESPECT OF HIS/HER MUSICAL OR PERFORMING ABILITIES OR THE PRODUCTS THEREOF OR IN RESPECT OF HIS/HER NAME, LIKENESS, IMAGE OR BIOGRAPHY WHICH MIGHT BE IN BREACH OF ANY OF THE OFFICIAL RULES OR OTHERWISE PREVENT THE CONTESTANT FROM PARTICIPATING IN THE CONTEST OR THE BROADCAST, PROMOTION, EXPLOITATION OR SPONSORSHIP THEREOF;

f) irrevocably grants to the Hosts and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, unconditional, perpetual and transferable right and license to reproduce, encode, store, stream, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse for promotional purposes only (without limitation as to when or to the number of times used), the Contestant’s name, address (city and province or state only), image, photograph, voice, likeness, statements, biographical material and Contest Videos and/or Audio Performances, including, but not limited to, the video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contestant and arising out of his/her participation in this Contest (with or without using the Contestant’s name) (collectively, the “Additional Materials”) (in each case, as submitted or as edited/modified in any way, whether by the Hosts, their licensees, or assigns, in the Host’ sole discretion) in any media throughout the world for any purpose (including streaming, advertising, marketing, publicity and promotional purposes), without limitation, and without additional review, compensation, consideration, consent or approval from the Contestant or any other party;

g) irrevocably grants to the Hosts and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable right and license to use the Contest Videos and/or Audio Performances and any Additional Materials, for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Contest Videos and/or Audio Performances any Additional Materials, in any media format or medium and through any media channels;

h) irrevocably agrees that he/she shall not receive any compensation for submitting the submitted material to the Hosts, and understands that the Hosts and the general public may view the submitted material. The Contestant understands that the Hosts are not required to post the Contestant’s submitted material on the Contest site;

i) acknowledges and agrees that (i) the Hosts have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Contest Videos or any Additional Materials, in theme, idea, plot, format, characters and/or other respects; (ii) the Contestant will not be entitled to any compensation or other consideration because of the use by the Hosts of any such similar or identical material, ideas and/or concepts; and

j) the Hosts’ use of material containing elements similar to or identical with those contained in the Contest Videos and/or Audio Performances or any Additional Materials, shall not obligate the Hosts to negotiate with nor entitle the Contestant to any compensation or other claim; and

k) agrees to indemnify, release, and hold the Hosts and their respective parents, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and any of their employees (collectively, the “Host Indemnities”), harmless from any and all claims, injuries, losses, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Host Indemnities arising out of or in connection with (i) any Contest Videos and/or Audio Performances or any Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such Contest Videos and/or Audio Performances or Additional Materials); (ii) any breach by the Contestant of any warranty, agreement or representation contained in the Official Rules or terms of service; (iii) the Contestant’s conduct during and in connection with this Contest, including but not limited to trade-mark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (iv) the acceptance, possession, misuse or use of any Prize, participation in this promotion, or while traveling to, preparing for or participating in any Prize related activity.

l) has not entered into any contractual, commercial, sponsorship or other arrangements in respect of his/her musical, songwriting or performing abilities or the products thereof or in respect of his/her name, likeness, image or biography which might be in breach of any of the release forms or the Contest Official Rules or otherwise prevent the Contestant from participating in the Contest and the Prize or the broadcast, promotion, exploitation or sponsorship thereof.

4.2 Contestants may be required to keep any and all information regarding the Contest completely confidential and may be prohibited from conducting any interviews or providing any comment or information to the public and the media without the prior consent of the Hosts.

4.3 The Hosts have the right at any time to require proof of identity and/or eligibility. Failure to provide such proof within a reasonable time could result in disqualification from the Contest. All personal details and information requested by and supplied to the Hosts by each Contestant must be truthful, accurate and in no way misleading. The Hosts reserve the right to disqualify any Contestant from the Contest or auditioning process in its sole discretion, should the Contestant at any stage supply untruthful, inaccurate or misleading personal details and/or information or should the Contestant be ineligible for the Contest pursuant to the Contest Rules.

4.4 By entering the Contest, you agree to the Hosts’ use of your personal information for the purpose of administering the Contest. . If you wish to opt-out of this process, email membership@claim2fame.com.

4.5 The Contestant must at all times behave appropriately when taking part in the Contest and observe the Contest Official Rules and any other rules or regulations in force from time to time. The Hosts reserve the right in their absolute discretion to remove from the Contest, its premises or location any Contestant who breaks such rules and/or fails to behave appropriately and to disqualify such Contestant.

4.6 In the event of any dispute concerning the operation of any element of the Contest or the Contest Official Rules, the decision of the Hosts will be final.

Limitations of Liability.

5.1 The Hosts assume no responsibility for lost, late, misdirected, illegible, or mutilated entries, or for theft, destruction or unauthorized access to, or alteration of, entries. The Hosts are not responsible for any incorrect or inaccurate information, whether caused by website users, any of the equipment or programming associated with or utilized in the Contest, or any technical or human error which may occur in the processing of submissions in the Contest. The Hosts assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing. The Hosts are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Hosts which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Hosts reserves the right at their sole discretion to cancel, terminate, modify or suspend the Contest and select a winner from among all eligible entries received prior to the cancellation.

5.2 The Hosts may, in their sole discretion, modify and amend these Official Rules as they appear online from time to time during the Promotion for clarification purposes without materially affecting the terms and conditions of the Promotion. The Hosts reserve the right, in their sole discretion, to cancel, terminate, modify, extend or suspend this Promotion without liability should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Promotion.

Copyright

Notice and procedure for making claims of copyright or other intellectual property infringements.

5.3. Claim2Fame respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service. See Terms and Conditions.

Dispute Resolution and Miscellaneous

You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Contest will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved. You agree that whenever you have a disagreement with Host arising out of, connected to, or in any way related to the Sweepstakes, the Contest, you will send a written notice to the Administrator (“Demand”) to 101-1865 Dilworth Dr. Ste 213 Kelowna, BC CANADA V1Y-9T1. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 15 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 15 business days after it is received, and you intend on taking legal action, you agree that you will seek arbitration governed by rules and regulations of the Province of British Columbia, Canada.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant OR Host in connection with the Contest or any claim or dispute that has arisen or may arise between you and the Host , shall be governed by, and construed in accordance with, the laws of the province of British Columbia, Canada without giving effect to any choice of law or conflict of law rules.

These Contest Rules are subject to the Claim2Fame Site Terms and Privacy Policy

CONSUMER DISCLOSURE: NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. No entrant has yet won. Two Grand Prizes: Original and Cover Song Contests. Total Approximate Retail Value (“ARV”) of each Grand Prize: $25,000. Total Approximate Retail Value (“ARV”) of each 2nd Place Prize: $2,500. Total Approximate Retail Value (“ARV”) of each 3rd Place Prize: $1,500. Estimated odds of winning a Grand Prize will vary by entry. All entries must be received by 11:59:59 PM PT on November 30th, 2016. Sweepstakes ends 11:59:59 PM PT on November 30th, 2016. See Official Rules above for complete details, including prize restrictions. Sponsored solely by Claim2Fame, Inc. 101-1865 Dilworth Dr. Ste 213 Kelowna, BC
CANADA V1Y-9T1.