FAMECAST CONTESTS
OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR ABILITY TO WIN. THIS CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, CANADA, AUSTRLIA AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND OTHER COUNTRIES THAT FAMECAST MAY DETERMINE IN ITS SOLE DISCRETION, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR OTHER AGE OF MAJORITY IN THE JURISDICTION IN WHICH THEY RESIDE) AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES, THE TERMS & CONDITIONS OF USE AND THE PRIVACY POLICY.
All Entries (as defined below) are subject to the Terms & Conditions, Acceptable Use Policy and Privacy Policy. To the extent that there is any conflict between these Official Rules and the Terms & Conditions, the Official Rules will control.
Contests Name: FameCast Contests (the “Contests”).
The Contests are operated by FameCast, Inc. (“FameCast”). For purposes of the Contests, “Entrant” means the person who actually submits the Entry (as defined below) for a Contest. If the Entrant submits an entry on behalf of a musical group of which he/she is a member, Entrant shall state that the Entry is submitted on behalf of such group and the group shall be deemed to be the Entrant. By participating in a Contest each Entrant agrees as follows:
1. ENTRY PERIOD. The Contests begin at 12:00:01 A.M. Central Daylight Time (CDT) on the first day of each calendar month (beginning September 1, 2009); provided that the Contests for August 2009 will begin on August 7, 2009. All entries must be received by FameCast as required herein prior to the beginning of the applicable Contest (the “Entry Period”). FameCast reserves the right to extend or reduce the Entry Period in its sole discretion.
2. ELIGIBILITY: The Contests are open only to natural persons who are legal residents of the 50 United States (and the District of Columbia), Canada, Australia, the United Kingdom of Great Britain and Northern Ireland, and other countries that FameCast may determine, in its sole discretion, who, as of the date of entry submission, have attained the age of majority in their jurisdiction of residence, or are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Official Rules. Employees, independent contractors, agents, and representatives of FameCast and its affiliates, subsidiaries, successors, assigns, advertising or promotional agencies; and their respective employees, officers, directors, members of their immediate families (parents, siblings, children or spouses, regardless of where they live), and those persons living in the same household, whether related or not, of such individuals (jointly and severally the “Contest Parties”), are ineligible to enter. Winners may be required to sign an affidavit of eligibility and a receipt.
3. DISQUALIFICATION. Without limitation, an Entry may be disqualified, at FameCast’s sole discretion, if (i) any member of a recording act which submits an entry is a Contest Party; (ii) you fail to meet the Entry Requirements; or (iii) you violate or fail to comply with the Terms & Conditions, Acceptable Use Policy, Privacy Policy or these Official Rules.
4. METHOD OF ENTRY: Entries to a Contest must be submitted via the online form made available on www.famecast.com (the “Site”), or via the online forms made available on various third party websites administered by FameCast, prior the expiration of the Entry Period of such Contest.
5. ENTRY REQUIREMENTS: An Entry (“Entry”) consists of the following:
(i) an audiovisual work recorded in either AVI, ASF, MOV, MPEG, QT, DV or WMV file format, with a file size of no more than one gigabyte (1GB), featuring the performance of one original song written by Entrant; and
(ii) a digital photo of Entrant or cover image.
Only one Entry will be accepted from each Entrant. In the event that more than one entry is made by any Entrant, the first entry shall be deemed the Entrant's Entry, and all additional entries will be disqualified.
Entrant hereby represents and warrants that the Entry:
• is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
• does promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• is not obscene or offensive, or endorse any form of hate or hate group;
• does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies, including the Contest Parties;
• does not contain, disparage or tarnish trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
• does not contain any copyrighted materials owned by others (including, without limitation, musical works, sound recordings, audiovisual works, photographs and other graphical depictions, sculptures, and other works);
• does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Entrant members;
• does not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor or the other Contest Parties wish to associate; and
• does not depict the violation of, and cannot itself be in violation of, any law.
If FameCast becomes aware that any Entry violates the Official Rules or the Terms & Conditions of Use, FameCast reserves the right to delete and disqualify the Entry and Entrant. FameCast reserves the right to disqualify an Entry at any time, in FameCast's sole discretion.
6. LICENSE, REPRESENTATIONS & WARRANTIES. Entrant represents and warrants that he/she/it owns or otherwise possesses all of the rights required by law to legally reproduce, distribute, publicly perform, publicly display, prepare derivative works of, transmit (digitally and otherwise) and to otherwise make available the Entry. Entrant hereby grants to Sponsor and Administrator a perpetual, nonexclusive, royalty-free and compensation-free, sublicensable, fully transferable license to reproduce, distribute, publicly perform, publicly display, prepare derivative works of, transmit (digitally and otherwise) and otherwise exploit any and all musical works, sound recordings, audiovisual materials, text, data; your name, image, likeness voice, biographical material and other personal attributes; and any other information embodied in the Entry throughout the universe. Without limitation, the license granted hereunder authorizes, but does not obligate, Sponsor and Administrator to use the Entry in advertising and promotional materials and for any other reasonable business purpose.
7. SELECTION OF WINNERS: Winner selection will occur as follows:
Open Round: Entries received in full prior to the end of the Entry Period will be posted at the time of entry on the Site for online voting, which will take place beginning on the first day of the applicable month (beginning September 1, 2009) and ending on the seventh day of the applicable month (beginning September 7, 2009); provided that the Open Round for August 2009 will run from August 7 to August 14. During this time, visitors to the Site may vote and otherwise participate in viewing and reviewing the Entries. Visitors may vote only once per calendar day. The top 25 Entries for each of the six Stages, based upon voting and FameCast’s Buzz Factor™, will advance to the Top 25 Round.
The Entries (and accordingly the Entrants) will be ranked according to, among other things, public voting. Any attempt by an Entrant, its members and/or their family and friends to using fraudulent mechanisms to unfairly affect the outcome, as determined by FameCast in its sole discretion, shall give FameCast the right to disqualify such Entrant. The number of votes for any particular Entrant may be adjusted in the event the voting indicates fraudulent votes have been cast for such Entrant and such fraudulent votes will not be counted. Entrants will not be notified of the results of rounds.
Top 25 Round: The top 25 Entries for each Stage will be posted for presentation on the Site for online voting, which will take place beginning on the eighth day of the applicable month (beginning September 8, 2009) and ending on the fourteenth day of the applicable month (beginning September 14, 2009); provided that the Top 25 Round for August 2009 will run from August 15 to August 21. The top 10 Entries for each Stage, based upon voting and FameCast’s Buzz Factor, will advance to the Top 10 Round.
Top 10 Round: The top 10 Entries for each Stage will be posted for presentation on the Site for online voting, which will take place beginning on the fifteenth day of the applicable month (beginning September 15, 2009) and ending on the twenty-first day of the applicable month (beginning September 21, 2009); provided that the Top 10 Round for August 2009 will run from August 22 to August 26. The top 5 Entries for each Stage, based upon voting and FameCast’s Buzz Factor, will advance to the Top 5 Round.
Top 5 Round: The top 5 Entries for each Stage will be posted for presentation on the Site for online voting, which will take place beginning on the twenty-second day of the applicable month (beginning September 22, 2009) and ending on the twenty-eighth day of the applicable month (beginning September 28, 2009); provided that the Open Round for August 2009 will run from August 27 to August 31. One winner for each Stage will be selected, based upon voting and FameCast’s Buzz Factor. FameCast will announce the winners on or about the twenty-ninth day of each month (beginning September 29, 2009); provided that the winners for August 2009 will be announced on September 1, 2009.
FameCast Finals: Every season (Fall, Winter, Spring and Summer (beginning Fall 2009, or the three months ending October 20009), the 18 monthly winners from the six Stages in the previous three months will compete in the FameCast Finals. Those Entries will be posted for presentation on the Site for online voting, which will take place beginning on the first day of the applicable month (beginning November 1, 2009) and ending on the last day of the applicable month (beginning November 30, 2009). The FameCast Finals will be conducted in rounds of Top 18, Top 10 and Top 5, in a manner similar to the monthly Contests. One winner (“FameCast Fenom”) for each Stage will be selected, based upon voting and FameCast’s Buzz Factor. FameCast will announce the Winners on or about the twenty-ninth day of each month (beginning August 29, 2009).
8. PRIZES: The FameCast Fenom will receive a cash prize of $5,000. Any prize awarded
is subject to availability and may be changed or modified at FameCast’s sole discretion. If requested, a FameCast Fenom shall provide FameCast with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Prizes are not transferable, redeemable for cash or exchangeable for any other prize. Income taxes on prizes are solely the responsibility of the winner.
9. WINNER NOTIFICATION. FameCast Fenoms will be notified by phone, email, and/or regular mail sent to the contact information provided the winning Entrant’s Entry. Unverified winners may be notified by email and must respond within 72 hours of transmission. If FameCast does not receive a written response within this time period, a FameCast Fenom may, at FameCast’s sole discretion, be disqualified and an alternate winner will be determined. If it is determined any member of a group comprising the FameCast Fenom is ineligible, the entire group will be disqualified.
10. TAXES. The valuation of the prize(s) stated above is based on reasonably available information provided to FameCast. The value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Entrants winning over $600 in prizes will receive an IRS form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
11. DISCLAIMER. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
12. LIMITATIONS OF LIABILITY AND RELEASE: FameCast and other Contest Parties are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Contests, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (ii) lost, late, delayed or intercepted transmissions; (iii) inaccessibility of the Site, in whole or in part for any reason, or traffic congestions on the Internet; (iv) unauthorized human or non-human intervention of the operation of the Contests, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (v) destruction of any aspect of the Contests, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contests; (vi) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Site; (vii) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contests, use of the Site or the download of any information from the Site; (viii) any attempt by an Entrant or other individual to deliberately damage or undermine the legitimate operation of the Contests, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. ANY PERSON ATTEMPTING TO DEFRAUD FAMECAST OR IN ANY WAY TAMPER WITH, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTESTS WILL BE DISQUALIFIED AND MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PROSECUTION.
Each Entrant acknowledges that FameCast and other Contest Parties, and their respective parents, subsidiaries, affiliates, successors, assigns, and prize providers (collectively "Released Parties") maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing services, products, or accommodations supplied by others as a part of the Contests. Entrant agrees that Released Parties shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant hereby waives, releases and discharges each Released Party from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in the Contests or in any Contest-related activity or from acceptance, possession, use or misuse of any prize.
By entering a Contest, you acknowledge that you are familiar with the provisions of California Civil Code Section 1452, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST BE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering a Contest, you (on your behalf and on behalf of your heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of you) hereby waive and relinquish any right or benefit which you or such persons has, have or may have against Sponsor and the other Contest Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Terms & Conditions of Use and Privacy Policy.
13. WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally required winners list, send a self-addressed stamped envelope (except for residents of Vermont, who do not have to provide postage) to FameCast at the address set forth below. All such requests must be received by four (4) weeks after the end of the applicable Contest. The FameCast Fenom’s name will also be posted on the Site after the end of each FameCast Finals (beginning after November 30, 2009). These Official Rules will be posted on the Site.
14. Governing Law, Jurisdiction, & Venue. The Official Rules shall be governed by and interpreted pursuant to the laws of the State of Texas and the United States of America without regard for conflicts of law principles. Entrant irrevocably agrees that the state and federal courts situated in Travis County, Texas shall have exclusive jurisdiction and venue over any and all disputes arising under or related to these Official Rules and/or the Contests, and you hereby expressly waive jurisdiction and venue in any other forum.
FAMECAST: FameCast, Inc., 3000 E Cesar Chavez, Austin, TX 78702.
