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Eligibility
The Kidz Bop "Be A KIDZ BOP Star" Contest (the "Contest") is open to all legal residents of the United States and District of Columbia. Employees and agents of Kidz Bop, LLC ("Sponsor") Razor and Tie Direct, LLC, Beaches Resorts and Unique Vacations, Inc. and any affiliates, and subsidiaries thereof and their immediate families and household members are not eligible. This contest is void in Puerto Rico and all other U.S. territories and possessions and where prohibited or otherwise restricted by law. Any person submitting an original music video ("Video") of his/her musical and/or theatrical performance for judging ("Particiant," and "you") must include his or her first name and email address on the official entry form. Participants can submit as many Videos as they desire, provided, however, that only one Grand Prize will be awarded to any given Participant. Sponsor reserves the right to verify the eligibility qualifications of any Participant at anytime throughout the duration of the Contest. United States law governs these contest rules.
How to Enter:
Beginning on July 1, 2008 at 12:01 AM EST, any person wishing to enter the contest must go to www.kidzbop.com ("Contest Site") and follow the instructions to upload a Video. By uploading a Video and filling out the required form, you accept and agree to be bound by these Official Rules, including the decisions of the Judges and Sponsor, which are final and binding in all respects. All Videos must be received by September 8, 2008 at 11:59 PM EST ("Submission End Date") in order to qualify for participation in the Contest. All Videos must be formatted and encoded according to the requirements set forth on the Contest Site and must be intended for family audience viewing, as such term is defined by Sponsor at Sponsor's sole discretion.
Judging:
The Grand Prize Winners will be selected after passing through the following two (2) stages of judging:
Initial Judging - The initial judging will commence following the Submission End Date and will be conducted by a panel of judges elected by Sponsor ("Judges") and will based on the following criteria: performance style (25%), musical talent (25%), star quality (25%) and personality (25%). In the event of a tie, the Judges will select the entrant who received the highest score for musical talent. The Initial Judging will determine the top fifteen (15) Videos submitted ("Semi-Finalists"), and the Videos created by the Semi-Finalists that have been selected by the Judges will be posted on the Contest Site on or around September 15, 2008.
Public Voting - Once the Semi-Finalists' Videos have been posted on the Contest Site, all visitors to the Contest Site will be able to rate them based on the visitors' personal opinions and preferences and vote for the Video they believe is the best. Public Voting will begin on September 15, 2008 at 12:01 AM EST and end on November 1, 2008 at 11:59 PM EST. Limit one vote per user per day. At the close of the Public Voting stage, the four (4) Semi-Finalists receiving the highest score from the public will be deemed the "Grand Prize Winners". In the event of a tie, the Semi-Finalist receiving the highest total score from the Judges in the previous round of the Contest will prevail. Odds of winning depend on the number of eligible Videos received and the skill of the Participants in creating their Videos.
Prizes:
Four (4) grand prizes ("Prize(s)") will be awarded. Each Grand Prize Winner will receive a trip for two (2) adults (one of whom must be the Grand Prize Winner's parent/legal guardian) and two (2) children (including Grand Prize Winner), ages fifteen (15) or younger, which includes the following: (i) round-trip coach air transportation for two (2) adults and two (2) children to Turks & Caicos departing from a major airport near the Grand Prize Winner's residence; (ii) four (4) days/three (3) nights accommodations at the all-inclusive Beaches Turks & Caicos Resort and Spa® located in Providenciales, Turks & Caicos, courtesy of Unique Vacations, Inc®; and (iii) participation and appearance (with the Kidz Bop Kidz) in a KIDZ BOP music video, to be filmed at the Beaches® resort. Approximate retail value of each Grand Prize is Five Thousand Five Hundred Dollars ($5,500.00). Actual value of each Prize depends on the Grand Prize Winner's place of residence. Trip must be taken during the period of January 7-10, 2009. If any Grand Prize Winner is unavailable during this time period, the Grand Prize will be forfeited and awarded to an alternate winner. Certain restrictions may apply. Grand Prize Winners and their travel companions shall be solely responsible securing all travel necessary documentation (i.e. passports). No transfer, assignment, change, substitution or redemption for cash value of the Prize is permitted. Parents/legal guardians of Grand Prize Winners shall be solely responsible for all expenses not specifically set forth herein, including, without limitation, hotel charges (other than resort room rate and room tax), meals (other than those provided by Beaches as part of the all-inclusive package), gratuities, tips and incidentals. All federal, state and local taxes in connection with the Prize are the sole responsibility of the parent/legal guardian of each Grand Prize Winner.
Each Grand Prize Winner, or his or her parent/legal guardian, will be notified via email that the Participant has won and links to the winning Videos will be posted on the Contest Site. Participant and his/her parent/legal guardian acknowledge and agree that as a condition of being awarded the Prize, each Grand Prize Winner must sign and return, within seven (7) days following attempted notification, such work-for-hire and release forms included in the notification emails, which include, among their provisions, an agreement by the Grand Prize Winner and his/her parent/legal guardian that all services and the products of all services rendered by the Grand Prize Winner as part of his/her appearance in the KIDZ BOP music video shall be deemed a "work made-for-hire" under U.S. copyright law, or, if, for any reason, are deemed not to be a "work made-for-hire," shall be assigned by the Grand Prize Winner and his/her parent/legal guardian to Sponsor. Additionally, Participant agrees that in the event s/he is selected as a Grand Prize Winner, s/he shall render such services as Sponsor may require in connection with his/her appearance in the music video and shall appear at such times and places as required by Sponsor in connection therewith. Failure to comply with the above procedure will result in disqualification and the Grand Prize will be will be forfeited and may be awarded to another Participant.
Terms of Use:
By uploading a Video onto the Contest Site, Participant hereby agrees to comply with the terms and conditions stated herein and irrevocably grants to Sponsor the worldwide, royalty-free, non-exclusive, unconditional, perpetual and transferable license and right to reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and otherwise use or reuse, the Participant's Video, in whole or in part, as well as Participant's name and Participant's image, voice and likeness as contained in the Video, throughout the universe, in any and all media, now known or hereafter devised, alone or as part of other material of any kind or nature. Without limiting the foregoing, Sponsor shall have the right to use and change the Video in any manner that Sponsor may determine. Additionally, Participant irrevocably grants to Sponsor the license to authorize Kidz Bop Users to access, rate and review Participant's Video through the Contest Site and to permit Kidz Bop Users to send and distribute the Video via email or instant messenger.
Participant irrevocably grants to Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to use the Video for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Video in any media format or medium and through any media channels.
Participant forever waives any rights of privacy, intellectual property rights and any other legal or moral rights that may preclude Sponsor's use of the Participant's Video or require Participant's permission for Sponsor to use the Video for promotional purposes and agrees to never sue or assert any claim against Sponsor's use of the Video.
Participant acknowledges and agrees that (a) Sponsor has 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 Video in theme, idea, plot, format, characters and/or other respects; (b) the Participant will not be entitled to any compensation or other consideration because of use by Sponsor of any such similar or identical material, ideas and/or concepts; and (c) Sponsor's use of material containing elements similar or identical to those contained in the Video shall not obligate Sponsor to negotiate with nor entitle Participant to any compensation or other claim.
Conditions:
In the event a Participant's Video contains a master recording from any Kidz Bop album (each a "Song"), all of which are copyrighted by Sponsor, Sponsor hereby grants to Participants who comply with the terms and conditions stated in the Official Rules, the limited, personal nonexclusive, non-assignable and non-transferable license to use the Song as part of your Videos for non-commercial use on the Contest Site, only, between the launch and completion of the Contest. Participant hereby warrants and represents that Participant has all necessary rights in and to any and all elements contained in any Video Participant submits and no information and elements contained in the Video infringes upon any proprietary or other rights of any third parties, nor contains any libelous, tortuous or otherwise unlawful information or elements. Upon Sponsor's request, Participant must be able to provide Sponsor with written and signed documentation demonstrating that Participant has all rights, clearances and permissions required by law or otherwise to Participant's Video.
Sponsor will not allow any Video which contains any one or more of the following elements:
- private or personal information that might identify a user;
- logos of any kind (aside from the Kidz Bop. logos);
- any music, aside, from the Song, that is owned or copyrighted by a third party
- profanity or obscenity;
- personal attacks on any individual;
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments;
- and/or any other material that Sponsor, in its sole discretion may deem to be inappropriate for the Contest Site.
Sponsor hereby reserves the right to refuse to post, edit, delete and/or disqualify any Video that contains any one or more of the above elements or any other element that Sponsor, at its sole discretion, deems to be otherwise inappropriate. Any attempt by a Participant or any other individual to deliberately damage the Contest Site or any online service or website, tamper with the judging process or otherwise undermine the legitimate operation of the Contest is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages and/or other remedies from any person attempting to do any one or more of the foregoing activitites to the fullest extent permitted by law. Any failure on the part of Sponsor to enforce any term of the Official Rules shall not constitute a waiver of such provision. Sponsor reserves the right, at its sole discretion, to disqualify and/or revoke the access privileges of any Participant or other person who does not comply with the Official Rules of the Contest and the general Terms & Conditions of use stated on the Kidz Bop website, which may be found at www.kidzbop.com/home/terms.
Privacy Policy:
Any Participant under the age of 13 will be required to submit the name & email address of his or her parent/legal guardian when uploading a Video. When a Participant under the age of 13 uploads a Video for consideration, Sponsor will inform the Participant's parent/legal guardian of the child's submission and give the parent/legal guardian the option to have the child's entry deleted. In the event that a child under the age of 13 is selected as a Grand Prize Winner, that Participant's parent/legal guardian shall be notified that the Participant has won and such parent/legal guardian shall be obligated fulfill all obligations needed to redeem the Grand Prize. All personal information collected by Sponsor in connection with the Contest shall be securely maintained by Sponsor and used only for the purpose of conducting the Contest. Once the Grand Prize Winners are announced and all 5 prizes are redeemed, Sponsor shall delete any personal information collected in connection with the Contest. For a complete discussion of the Kidz Bop.com privacy policy, please visit www.kidzbop.com/home/privacy.
Limitation of Liability:
Sponsor assumes no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur in the course of participation in the Contest, or for theft, destruction, unauthorized access to or alteration of any Video. Sponsor is no responsible for any incorrect or inaccurate information, whether caused by Kidz Bop Users, Participants or any of the equipment or programming associated with or utilized in the Contest, or for any technical or human error which may occur in the process of submitting or voting on a Video in the Contest. Sponsor assumes 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 any website, or any combination of the foregoing (including, but not limited to, any such problems, which may result in the inability to access the Contest Site or to submit a Videos of vote in connection with the Contest). If, for any reason whatsoever, the Contest is not capable of running as planned, including any event that corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend the Contest and select winners from among the Participants submitting Videos during the portion of the Contest that has not been compromised, if any.
Participant agrees to defend, release and hold harmless Sponsor, its affiliates, agents and employees from and against any claims, actions and/or liability for injury, loss or damage of any kind, resulting from participation in the Contest (including in connection with the making, use and/or exploitation of Videos), downloading or streaming of any materials on the Contest Site or the acceptance, use or misuse of the Grand Prize.
Sponsor reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Contest Site and the Official Rules and/or Terms & Conditions and Privacy Policy of kidzbop.com ("Terms & Conditions") in whole or in part, at any time. Additions and modifications to the Contest Site and/or Terms & Conditions the will be noted on the Contest Site or such other pages where those policies are posted. Participant hereby agrees to visit and review the Contest Site and those containing the Terms & Conditions periodically to be aware of any changes. Participant's and any other person's continued use of the Contest Site after any changes to the Terms & Conditions, will be considered acceptance of those changes and will signify Participant's agreement to be bound to any such new terms.
Disputes/Governing Law:
Except where prohibited as a condition of participating in the Contest, Participant agrees that any and all disputes, claims or causes of action arising out of or connected with the Contest, any prize awarded or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Participant's actual out-of-pocket expenses that are specifically associated with the Contest and Participant further waives all rights to have damages multiplied or increased.
In the event that an action is commenced which relates to the Contest, such action must brought in the federal and state courts located in the United States of America in the State of New York, County of New York, and the parties hereto consent to personal jurisdiction. Only courts located in the State of New York will have jurisdiction over any controversies arising out of or regarding the Contest.
