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JAMMIN CONTEST OFFICIAL RULESNO PURCHASE OR PAYMENT NECESSARY. VOID WHERE PROHIBITED BY LAW.1. Eligibility: The Jammin online Contest ("Contest") is open only to permanent legal residents of the 50 states of the United States and D.C., who are physically located and residing therein, who are members of a music band and who warrant and represent that (they and their Band members) their Song(s), their Photos(s) and/or their Band’s Biography (as described below), meet all of the following requirements as of the time of their entry into the Contest is deemed complete: a. They are 18 years of age or older as of November 5, 2007; Employees of SiTV, ("Sponsor"), JAAM Productions, LLC, advertisers and promoters of the Jammin television reality program ("Program"), Contest administrator, advertising or promotion agencies, those involved in production, development, implementation, distribution, handling or judging of any phase of Contest, any record company associated with the Contest, any alcohol beverage licensees (including wholesalers, distributors, importers and retailers), and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with Contest including individuals who work on a temporary, freelance, or consultancy basis for any of the above mentioned entities (collectively "Contest Entities") and members of the immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether related or not, are ineligible to enter Contest. In addition, any person who is a close personal acquaintance, as determined by Sponsor at its sole discretion, of any employee of a Contest Entity who has judging responsibilities in connection with this Contest, is likewise ineligible to enter this Contest. 2. Contest Description: The Contest begins at 12:01 p.m. on November 5, 2007 and ends on January 30, 2008 ("Contest Period"). For purposes of this Contest, all times refer to Pacific Time ("PT"). Sponsor reserves the right to revise the Contest End Date at its sole discretion due to production exigencies or any other reasons and notice of such revised End Date will be posted on the Conetst Web Site. Sponsor’s computer is the official clock for the Contest. This Contest consists of five (5) Phases: (i) Online Submission (ii) Online Voting (iii) Quarter Finalists Notification (eligibility qualification to find top 15 eligible Bands) (iv), Semi Finalists Judging (to find top 6 Bands), and (v) Semi-Finalist Notification (eligibility qualification for top 6 Bands). The Contest consists of a skill-based promotion whereby an eligible entrant (Band) competes for the Prize (described below) by depicting their band’s music stylings in their Submission that entrant (Band) uploads to the Contest website located at www.Jammin.sitv.com ("Web Site") for public online voting. Participants must not use materials belonging to third parties or materials for which they do not hold a valid copyright and such Submissions will be disqualified. PARTICIPATION IN THIS CONTEST IS SUBJECT AT ALL TIMES TO COMPLIANCE WITH THESE OFFICIAL RULES AND WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS. The Contest consists of five (5) phases.
I) Online Submission: November 5, 2007 - December 5, 2007. Eligible Bands submit their entry (as described below in section 3). 3. How to Enter: To enter, access the Contest entry page from the Contest Web Site at www.Jammin.sitv.com. On the Contest entry page each prospective entrant will be asked to carefully read and then agree to be bound by these Official Rules. Once a prospective entrant has confirmed his/her agreement to these Official Rules, he/she will be asked to accurately and truthfully complete the Contest entry form and to submit his/her Submission ("Entry"). Information on the Contest entry form includes entrant’s (Band’s) Submission, the contact information of the designated Band Member (i.e., first name, last name, home address (no P.O. boxes), telephone number where he/she can best be reached (including area code), date of birth, primary email address, alternate email address) who will take responsibility as the main contact person for your Band ("Band Rep"), and whose information will be used to identify your Band, the band name ("Band") and each band members’ full name ("Band Members") (collectively, "Entry Information"). Entry into the Contest requires a Song, Photo, and Band Bio as outlined above. Any attempt to submit the entry form without a Song, Photo, and Bio will not result in a proper entry into the Contest. Once an entrant submits an Entry and corresponding Song, Photo, and Band Bio, entrant cannot change any portion of his/her Submission. At no time after the Submission, can a band substitute a Band Member. If a Band substitutes a Band Member, Band will be disqualified. Submissions which are not reasonably pertinent to the Contest and judging criteria (as described below), or are otherwise in violation of these Official Rules will be disqualified. As determined by Sponsor in its sole discretion, Submissions that do not comply with these Official Rules will be disqualified. All Entry Information must be completed in full. Entries must be received by 11:59 p.m. PT on December 5, 2007. Limit one (1) Entry per Band for the entire Contest. If a Band attempts to enter more than one (1) Submission, only his/her first Submission will be eligible. No Entry/Submission by organization; only entry by individual members of each Band is permitted. Proof of delivery or receipt of an Entry will not be deemed by Sponsor as proof of entry into the Contest. Any attempted form of entry into the Contest other than as described herein is void. 4. Licensing/Ownership Rights of Song to Sponsor: Upon submitting an Entry, Entrants (Bands) hereby grant the following:
a. to Sponsor a non-exclusive, irrevocable, perpetual, royalty-free (and without further consideration other than as specified herein), transferable, sublicensable, right and license throughout the universe to, in Sponsor’s sole and absolute discretion, post the Submission on Sponsor’s Web Site located at www.sitv.com and to otherwise use and exploit the Submission in accordance with Sponsor’s Terms of Use located at http://jammin.sitv.com/terms_and_conditions.asp. In the event that Entrant (Band) is selected as one of the Contest’s fifteen (15) "Quarter-Finalists" (as defined below) then, in such event, Entrant’s Submission, including the full and complete ownership thereof, will be deemed to be a work-made-for-hire, specially ordered and commissioned for use by Sponsor as part of Sponsor’s online and on-air programming. As such, Entrant acknowledges and agrees that the Submission, including, without limitation all Song(s) and Photo(s) shall be the sole and exclusive property of Sponsor, its successors and assigns, for all copyright terms, renewal terms and revivals thereof throughout the world, for all uses and purposes whatsoever (e.g., display, broadcast, sell, transfer, perform, reproduce, prepare derivative works, etc.)). Sponsor will have the sole and exclusive right to exploit in any manner or media whether now known or hereafter devised all rights in the Submission, including without limitation all trademarks, intellectual property and other proprietary rights, throughout the world in perpetuity without any additional payment to any individual or entity. In the event Entrant’s Submission are found not to be works-made-for-hire, Entrant hereby irrevocably assigns to Sponsor all of Entrant’s interest in the Submission (together with all good will) including, without limitation, the copyrights therein, for good and valuable consideration, receipt of which is acknowledged. To effectuate such assignment, Entrant grants Sponsor an irrevocable power of attorney If entrant is selected as one (1) of the six (6) Semi-Finalists, Sponsor will have the exclusive right in perpetuity to own and administer the Song(s) and/or Photo(s) subject to these Official Rules. In the event that Entrant (Band) is not selected as a Semi-Finalist, it is understood and agreed that Sponsor shall not acquire any ownership rights therein, provided that any and all references to the Program and/or its characters, if any, shall be removed from the lyrics of the Song may not be used in any attempt to parody, disparage or trade in any manner on the association with the Program and/or any of its characters. Entry, including Song, Bio, and Photo as it is webcast on the Web Site may differ from the Entry, including Song, Bio, and Photo originally submitted due to technical errors, compatibility problems or other issues, and Sponsor shall have no liability related thereto. Entrant agrees that Sponsor has no obligation to post his/her Entry, including Song, Bio, and Photo on the Web Site. Sponsor reserves the right to disqualify entrants whose Entry, including Song, Bio, and Photo has already been posted in the event of an error or determination that the entrant is ineligible to participate in the Contest and to remove such posted Submission. 5. Judging and Notification of Semi-Finalists: There are three (3) phases to determine the six (6) Semi-Finalist Prize winners: I) Online Voting Phase: On or about December 6, 2007 all Submissions (which may, at Sponsor’s sole discretion, be arranged/displayed randomly and rearranged periodically) from eligible Entries will be posted online for public voting. Beginning at 12:01 a.m. PT on December 6, 2007 and continuing until January 3, 2008 ("Public Voting Phase") any person who is 13 years or older as of December 6, 2007, is a permanent, legal resident of one of the 50 states of the United States of America or the District of Columbia, can vote for his/her favorite Band by logging onto the Web Site providing his/her first name, last name, email, and date of birth and clicking on the "Vote" button related to his/her favorite Band based on Band’s Submission. Each Band Member may vote for his/her own Entry in accordance with these Rules. All votes must be received by 11:59:59 p.m. PT on January 3, 2008. Limit one vote per Band per Registrant email address per day throughout the Public Voting Phase. The fifteen (15) Bands (or fewer or none, if fewer or none were posted for public voting in the sole discretion of Sponsor) who receive the most votes by the public will be declared the potential Quarter Finalists Band. II) Quarter Finalists Notification: Band Reps who are in a potential Quarter Finalist Band (if a member of a Band is from a state that deems Quarter Finalists to be a minor, their parent/legal guardian), will be notified by phone and/or email between January 4, 2008 and January 11, 2008 ("Quarter Finalist"). If a potential Band Rep does not respond within that time frame, the Band will be found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her notification is returned as undeliverable, potential Quarter Finalist will be disqualified and the eligible Band who received the next highest vote by the public may be declared a potential Quarter Finalist. Upon notification, potential Quarter Finalists (each Band Rep and all Band Members) (their parent/legal guardian if a member(s) of the Band is from a jurisdiction that deems him/her to be a minor) will be required to:
i. Sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release; Each new potential Quarter Finalist Band (and his/her Entry) will also have to comply with all the terms and conditions of these Official Rules. Affidavit/Release will include, among other things, a representation of the Submission’s Originality, a grant to Sponsor of all rights to the Submission and associated with posting Submission on Website. All facts in all Band Members background check must be consistent with this Contest, Sponsor’s Brands or public images (i.e. no criminal background, proof of age and citizenship). By returning the completed Affidavit/Release, each Quarter Finalist attests to the authenticity of his/her Entry. Every Band Member must execute Affidavit/Release or Band may be disqualified. If any Band Member is determined not eligible, then the ENTIRE Band will be disqualified. All documents will be sent to the Band Rep for disbursement among Band Members. Subject to verification of their eligibility, on January 25, 2008 the Quarter Finalist Bands will be revealed to the public via the Web Site and on-Air promotional spots. III) Semi-Finalist Judging: On January 30, 2008 (the "Semi-Final Judging Period"), a panel of judges appointed by Sponsor ("Committee") will judge and score all eligible Quarter Finalist Bands’ Submission, including Video, in accordance with the following criteria ("Criteria"):
Originality Quality of Songs’ sound to be unique and fresh 0 – 10 points The Quarter Finalist Bands who receive the top fifteen (15) scoring Entries based on the Criteria, Submission, and Video will be declared potential semi-finalists ("Semi-Finalists"). The decisions of the Committee shall be final and binding in all respects. In the event of a tie, the Committee will review tied eligible Quarter Finalist Bands based only on Criteria (1) to break the tie. In the event of a further tie, the Committee will review remaining tied eligible Quarter Finalist Bands Submission and Video based only on Criteria (2) to break the tie. In the event of a further tie, the Committee will review remaining tied eligible Quarter Finalist Bands based on additional, rational and related judging criteria to be adopted by the Committee in their sole discretion until any and all remaining ties are broken. In case of any remaining ties, Committee will re-score the tied Quarter Finalists using the above criteria until such tie(s) are broken. If a potential Semi-Finalist is found to be ineligible or does not otherwise comply with these Rules, such potential Semi-Finalist will be disqualified, and the Quarter Finalist Band who submitted the eligible Submission and Video with the next highest score, if any, will be declared a potential Semi-Finalist. In the event there are not fifteen (15) eligible Semi-Finalists, Sponsor reserves the right to cancel the Contest. IV. Semi-Finalists Notification: Each potential Semi-Finalist’s Band Rep will be notified of the Band’s status by telephone and/or email at the phone number provided on Entry on or about February 1, 2008 through February 3, 2008. If a potential Band Rep cannot be reached after a reasonable effort has been exerted (i.e. two phone call attempts within a 24 hour period), if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if he/she cannot be reached, such potential Semi-Finalist Band will be disqualified and the Band who received the next highest point total from the Committee may be declared a potential Semi-Finalist. Potential Semi-Finalists (each member of Semi-Finalists band) (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) will be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, a Publicity Release, and any other documentation that the Contest administrator and/or Sponsor may require (collectively "Affidavit/Release"), within five (5) days after receipt, or potential Semi-Finalist Band may be disqualified at Sponsor’s sole discretion and the Quarter-Finalist Band with the next highest point total will be declared a –potential Semi-Finalist. A prepaid FedEx envelope will be provided for the return of the Semi-Finalists’ original executed Affidavit/Release. By returning a completed Affidavit/Release, Semi-Finalist (or, if a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian) attests to the authenticity of his/her Entry and to the provisions stated therein including compliance with these Official Rules. Affidavit/Releases will be sent to the Band Rep for distribution to all members of his/her Band. All Band members MUST return a fully executed Affidavit/Release or the entire Band will be disqualified. Potential Semi-Finalists (includes all Band Members) are required to and must be available/accessible during the time between February 1, 2008 and February 3, 2008 (subject to change at Sponsor's sole discretion) to allow Sponsor to film a promotional spot(s) featuring all Band Members to be exhibited at any times during or after the Contest. Failure of all Band Members to be available for filming may result in your disqualification and an alternate Semi-Finalist Band may be selected. Each Semi-Finalist is required to and must be available/accessible to participate in the filming of Program (as outlined below in the prize paragraph) during the time between February 23, 2008 and March 1, 2008 (subject to change at Sponsor's sole discretion). Failure of a Semi-Finalist to be available for filming may result in your disqualification and an alternate Semi-Finalist Band may be selected. 6. Semi-Finalist Prize/Odds of Winning. Six (6) Semi-Finalist Prizes: A trip to Los Angeles, CA ("Destination City") for the chance to participate on the Program for six (6) Bands ("Prize"). Prize consists of roundtrip coach air transportation for Band from a major commercial airport near Band’s residence (as determined at Sponsors’ sole discretion) to Destination City airport and standard hotel accommodations (single room/double occupancy) for up to seven (7) nights. Approximate Retail Value ("ARV") of each Semi-Finalist Prize $5,000 - $8,000. Total ARV of Prize: $30,000 - $48,000. Limit one (1) Prize per Band/Band Member. Actual value will depend on point of departure, number of Band Members, and any air fluctuations. Air transportation provided only if Band resides more than 100 miles from Destination City. Semi-Finalist Bands must travel during the time between February 22, 2008 and February 23, 2008 (subject to change at Sponsor’s sole discretion) and able to remain in Los Angeles, California (or such other place as production on the Program shall occur) through March 1, 2008 (subject to change at Sponsor’s sole discretion). Trip subject to air travel and hotel availability, holiday and black-out dates, and all other prize and travel restrictions. Once determined, no change, extension or substitution of trip dates is permitted, except by Sponsor at its sole discretion. Band must take air travel on same travel itinerary. Band is responsible for all other incidentals/expenses not specifically mentioned as being included, including, but not limited to ground transportation, meals, gratuities, and phone calls. Band is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. Prize is not redeemable for cash or transferable. No substitution, transfer, or cash equivalent for Prize (or prize components), except that Sponsor may substitute a prize (or prize component) of equal or greater value. Any depiction of Prize is for illustrative purposes only. All federal, state, or other taxes are the sole responsibility of Band. The Contest administrator is not the supplier or guarantor of the Prize. Band will receive a 1099 from the Sponsor for the total ARV of prize (stated herein) that Band won in the calendar year that Band won. 7. General Conditions: The Contest is subject to these Official Rules and all federal, state, and local laws and regulations (collectively "Rules and Laws"). By participating in the Contest, each entrant (Band) assures Sponsor that Submission is wholly original and his/her own creation, and that the entrant is the sole owner (or has secured all necessary rights relating to use) of property and/or content appearing in Submission. By entering the Contest, each entrant (Band) agrees and acknowledges to be bound by the Rules and Laws, as well as the decisions of the Sponsor, Contest administrator, and Judges which are final and binding in all respects; to waive any rights to claim ambiguity with the Rules and Laws, and that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in the Contest; use/misuse of the Prize; human error; incorrect or inaccurate transcription of Entry Information; any technical malfunctions of the telephone network, computer online system (including public scoring system and records), computer dating mechanism, computer equipment, software, or internet service provider utilized by the Contest; interruption or inability to access the Contest, Web Site, or any online service via the internet due to hardware or software compatibility problems; any damage to entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of one of the Contest Entities. Any personal information supplied by entrants to Sponsor or its affiliates will be subject to Sponsor’s privacy policy. Once submitted, all information associated with Entries, including the corresponding Submissions, become the sole property of Sponsor and will not be returned. Entry into the Contest constitutes an entrant’s permission for the Contest Entities to use such entrant’s (Band’s) Submissions and Entry Information (excluding street addresses, email addresses and phone numbers) for posting on Web Site. While Sponsor will seek to accurately present all Submissions on the Web Site, Sponsor has the right to modify, edit, adapt, and electronically alter Submissions without compensation or further notice to entrant (Band). A Submission as posted on the Web Site may therefore differ from the Submission originally submitted due to technical errors, problems or compatibility issues and Sponsor shall have no liability related thereto. Sponsor may post Submissions in any order, pattern or sequence on the Web Site with or without attribution to entrant or additional commentary of Sponsor’s sole choosing, without liability of any kind. The Contest Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are illegible, late, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, or Entries that are otherwise not in compliance with these Official Rules and all such Entries will be disqualified. Sponsor reserves the right to, at any time, remove/delete from the Web Site, and/or disqualify, a Submission and corresponding information that has already been posted on the Web Site, in the event of an error (by the Sponsor or any of the Contest Entities) or determination by Sponsor that the entrant (Band) whose Submission was posted, or the Submission itself, were ineligible to participate in the Contest. Any personal information supplied by Entrants (Bands) to Sponsor or its affiliates will be subject to Sponsor’s Privacy Policy and terms of service posted at the Web Site. Thus, except where prohibited by law and Sponsor’s Privacy Policy, entry and/or Entrant’s (Entrant’s parent/legal guardian, if winner is minor) acceptance of prize constitutes permission for the Contest Entities to use Entrant’s (Band’s) name, address (city and state), Submission, Photo, likeness, biographical information, statement, and voice for advertising/publicity purposes worldwide and in all forms of media (including posting Submissions on Web Site), in perpetuity, without further notice to or compensation in connection with said Contest or the prize awarded. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or the Web Site or any Web page or Web banner ad related to the Contest; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any person attempting to defraud or in any way tamper with the Contest will be ineligible to win the Prize. If, for any reason, the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel, suspend or modify the Contest thereof and declare Semi-Finalists based on the Criteria described above from all eligible Entries received prior to and/or after (as appropriate) the action taken by Sponsor. In case of a dispute over the identity of the entrant who on behalf of a given Band, submitted the winning Entry, the authorized account holder of the email address associated with a Semi-Finalist Entry may be deemed the Entrant/Band. The "authorized account holder" is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Said Entrant/Band must comply with these Official Rules and, at Sponsor’s sole discretion, may be required to provide proof of ownership of the email account. Each Entrant/Band agrees to indemnify and hold harmless the Contest Entities from any and all liability resulting or arising from the Contest, to release all rights to bring any claim, action or proceeding against the Contest Entities. 8. RULES/SEMI-FINALISTS’ LIST: For the name of the Semi-Finalists, send a self-addressed, stamped envelope after January 30, 2008, and before March 1, 2008, to: The Jammin Contest, ATTN: Semi-Finalist Notification, 3030 Andrita Street, Los Angeles, CA 90065. The name of the Semi-Finalists may also be posted the Web Site. 9. SPONSORS: SiTV, Inc., 3030 Andrita Street, Los Angeles, CA 90065. |
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