The Cantinas Christian Song Search Official Contest Rules

Transcription

1 The Cantinas Christian Song Search Official Contest Rules Overview: The Cantinas Ranch Foundation (the Sponsor ) is holding an exciting talent competition for singer/songwriters (the Cantinas Christian Song Search ) that will culminate with a live performance of the winner of Cantinas Night of Faith on July 23, 2014 and the selection of a winner by a panel consisting of Dream Records, Cantinas, and a celebrity judges. The winner will receive transportation to/from, lodging during, and tickets to the Cantinas Night of Faith in Paso Robles, California as well as receive a cash prize of $2,000 and a contract to record a demo/single with Dream Records on customary industry terms and conditions. By registering for the Cantinas Christian Song Search and uploading a video submission, you hereby agree to these Terms and Conditions. 1. Eligibility: The Cantinas Christian Song Search is open to individuals who: (a) as of the date of registration and throughout the duration of the Cantinas Christian Song Search are legal residents of the United States of America and are 18 years of age or older, and (b) meet the eligibility criteria set out below. Employees of Sponsor, Cantinas Ranch Productions, Inc., and their respective parent companies, subsidiaries and affiliates, and advertising and promotion agencies involved in the Cantinas Christian Song Search, the judges, and the immediate families (spouse, ex-spouse, parents, siblings, children, step-children) and persons living in the same household as such individuals (whether or not related) are not eligible to participate. By registering for the Cantinas Christian Song Search and uploading a video submission, you certify that you meet all eligibility requirements, including but not limited to the fact that you do not have any of the following agreements in effect (written or oral): a contract for talent representation (for example, a talent agent or manager); a music recording contract; an agreement limiting the use of your name, voice and/or likeness; any contractual arrangement that would prohibit you from fully participating in any live performances or recordings at Sponsor events; or any other contractual arrangement that would require the payment of fees to any third party for the use of your voice, appearance or services, or any audio or visual recordings or representations thereof in any media. All candidates are subject to background checks to confirm eligibility and suitability for participation in the Cantinas Christian Song Search in the absolute discretion of Sponsor and its designees. Upon request, any candidate may be required to provide a signed declaration or affidavit confirming eligibility and consenting to detailed background checking to the fullest extent permitted under applicable law. Failure to comply when requested may result in disqualification. 2. How to participate in the Cantinas Christian Song Search: Visit (the Website ); follow links for entry into the Cantinas Christian Song Search; complete all sections of the registration form; upload a video of you performing one (1) Christian-themed original song that you have written; read the Terms and Conditions; and click the button to confirm that you have read and accepted the Terms and Conditions; then click submit to complete your registration. The registration and submission period begins at 12:00 p.m. PDT on May 12, 2014, and ends at 11:00 p.m. PDT on July 1, 2014 (the Submission Period ). Limit one (1) submission per eligible person. Only the first submission will be considered; any additional submissions by the same person will be disqualified. Receipt of materials submitted will not be acknowledged, and such materials will not be returned.

2 Page 2 of 5 3. Submission Video: Videos submitted with any registration must comply with all requirements posted on the Website, including but not limited to the following. The video must: be in.mov,.mpeg,.mp4,.wmv,.flv,.3gp,.3g2 or.avi format and comply with the submission guidelines of the submission website; be approximately 3 minutes in length; contain one (1) song only, which must be the original work of the candidate; contain the voice and image of only the candidate and no other person(s); the video submitted must have been created specifically for the Cantinas Christian Song Search and may not have been submitted previously in any competition, contest or promotion of any kind; and not incorporate any commercial recording (for example, from a CD, radio or other source). General Content Guidelines and Restrictions The lyrics of the song on the submission should be of a Christian-oriented spiritual theme. The performance on a candidate s initial video submission must be sung in the English language. Videos are ineligible if they could be deemed to: (i) contain vulgar, obscene, indecent, sexually explicit, insulting, hateful, threatening, harassing, or other inappropriate language, behavior or content; (ii) defame or libel any person or entity; (iii) violate the intellectual property rights of any person or entity; or (iv) otherwise be inappropriate in the sole discretion of Sponsor and its designees. The video should not contain any brand names or trademarks, other than those of Sponsor, nor portray Sponsor or its brands or products in any way that might tend to subject any of them to public contempt, scandal, disrepute or ridicule. The video must not contain images or artwork not created by the candidate. The video must not transmit anything that contains viruses or anything else that is harmful to any computer or other electronic device. The video must not contain material that is unlawful, in violation of or contrary to the laws or regulations of the United States or any State. All videos will be pre-screened upon receipt for compliance with the foregoing requirements. Submissions violating any requirements will be disqualified. Sponsor and those acting on its behalf may or may not publish or display any video submissions online or otherwise for public viewing. Sponsor reserves the right to allow for minor fluctuations between the declared length and the actual length of any video you submit, based on clear intent to comply with these Terms and Conditions, as determined by Sponsor in its sole discretion. License, Indemnification and Representations and Warranties Regarding Videos. In consideration of the opportunity to participate in the Cantinas Christian Song Search, to the extent allowed by applicable law, you hereby: (a) represent and warrant that you have the authority to grant the permission and rights granted herein, and that no other permission is required to grant such rights; (b) irrevocably grant to Sponsor and its assignees and designees (including but not limited to its advertising, promotion, and public relations agencies), the right, but not the obligation, to publish, distribute, reproduce, broadcast, publicly display, modify, edit, translate, create derivative works and otherwise use the video, your name, voice, likeness, personality, and biographical information and address (city and country), and any statements made by or attributed to you, in whole or in part, either alone or in combination with other materials and content, in any and all media now known or hereafter devised, without notice, review, or approval, in perpetuity and throughout the universe without further compensation, without restriction of any kind, including any acts that might otherwise be deemed a violation of moral rights; and (c) agree to indemnify and defend Sponsor, The Cantinas Foundation, Hume Lake, their respective subsidiaries, affiliates, partners, successors, assignees, employees, directors, and agents, advertising and promotion agencies, B. Wayne Hughes, Jr. and Wendy Hughes, and Karen Waldron, the judges and all others associated with the development and execution of this Cantinas Christian Song Search, and anyone acting on behalf of any of the foregoing (collectively the Released Parties ) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising

3 Page 3 of 5 out of or related to any breach by you of any provision of these Terms and Conditions, including, without limitation, your representations and warranties. Data. Any personal information supplied by you as part of the online registration process, including but not limited to the content of your video, will be subject to the privacy policy on the Website. By submitting an application in the Cantinas Christian Song Search, you grant Sponsor permission to share any and all such information with any other companies or persons who are working with or on behalf of Sponsor for the purpose of carrying out the Cantinas Christian Song Search process, and in addition you acknowledge that any and all such information will be collected and may be used and shared with others as set forth in the posted privacy policy to the extent allowed by applicable law. 4. Selection of Finalists and Winners: The Cantinas Christian Song Search will proceed as described below. The odds of being selected as a candidate for advancement depends on the total number of eligible submissions received and the skill of the candidates as determined by the judges in accordance with these Terms and Conditions. Judges appointed by Sponsor and/or its designees will review eligible video submissions and choose one (1) Grand prize winner to appear live at the Cantinas Night of Faith Concert in Paso Robles, California on July 23, The winner will be required to perform the full version of their submitted song live on stage at the event. One (1) Grand Prize winner will be selected by a panel of judges selected by Sponsor. IMPORTANT INFORMATION ABOUT THE SELECTION PROCESS: Selection will be determined by the judges who will consider and weight, in their own discretion, multiple other factors such as voice quality, pitch, rhythm, intonation, diction, phrasing, style, stage presence, charisma, excitement, sincerity, consistency of candidate s appearance with image of Sponsor brand, public appeal, and the judges own overall determination of the most suitable candidates to represent the ideals of the Sponsor. 5. Prizes/Odds: The winner will receive roundtrip economy air and/or ground transportation to/from the major U.S. airport nearest their residence to Paso Robles, California, standard hotel accommodation for two (2) nights, and $100 spending money. The winner will also receive a Grand Prize of (1) a cash prize of $2,000 and (2) a contract to record a demo/single with Dream Records on customary industry terms and conditions. All taxes resulting from the award of the prizes, meals and other expenses not specified mentioned in this Section 5 are the sole responsibility of the winner. In the event that any the winner is unable to travel on the dates specified, the prize will be forfeited. No cash equivalent or prize substitution by winner will be permitted. Sponsor reserves the right to substitute prizes with items of equivalent value. Odds of winning depend on the number of eligible entries received. 6. Disqualifications: Sponsor reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any candidate from any portion of the Cantinas Christian Song Search for any reason, including without limitation misrepresentation of any fact to Sponsor, violation of any provision in these Terms and Conditions, tampering with the registration or voting process, or Sponsor s determination, in its sole and absolute discretion, that the candidate is not appropriate for the performance role(s) that are the subject of the Cantinas Christian Song Search. Without limiting the foregoing, the discovery of any conduct by the Candidate that may be deemed criminal, or which involves moral turpitude, or which could bring Sponsor into public disrepute, contempt, scandal, or ridicule, or which insults or offends the community in any participating country or any substantial organized group thereof, or which might tend to injure the success of Sponsor and/or any of its activities, or that is otherwise inconsistent with or inappropriate to the image of Sponsor and its products, all as determined by Sponsor in its sole and absolute discretion, is grounds for disqualification. 7. Release of Liability: By participating, you, for yourself and anyone claiming through you, release the Released Parties from and against any and all injury, loss or damage caused or claimed to be caused by your participation in any aspect or phase of the Cantinas Christian Song Search, including but not limited

4 Page 4 of 5 to claims based on the alleged negligence of any Released Party, and you further agree that the Released Parties are in no manner responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Cantinas Christian Song Search other than as expressly stated in these Terms and Conditions, all to the extent allowed by law. You agree that, by registering for the Cantinas Christian Song Search and submitting a video, and to the extent permitted by law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Cantinas Christian Song Search shall be resolved individually without resort to any form of class action. (ii) any disputes shall be heard exclusively in the state or federal courts in the State of California, and you hereby consent to the jurisdiction of such courts for any such dispute and waive any objection thereto on any basis, including but not limited to convenience; and (iii) under no circumstances will you or any other person be permitted to obtain any award for, and you hereby waive all rights to claim, attorneys fees, punitive, incidental or consequential damages, including loss of earnings, employment or otherwise, and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses and costs associated with participating in the Cantinas Christian Song Search. The governing law for interpretation of these Terms and Conditions, and the resolution of any dispute relating to the Cantinas Christian Song Search, is the internal substantive law of the State of California, without regard to principles of conflicts of laws. If any provision of these Terms and Conditions is deemed unenforceable by a court of competent jurisdiction or under any applicable local law, the remaining provisions shall remain valid and enforceable. Without limiting the generality of the foregoing, to the extent allowed by law, the Released Parties are not responsible for and shall not be liable for: (i) any failure of transportation, bad directions, or the inability, for any reason, of any person to appear at the Cantinas Music Festival; (ii) any injuries, losses or damages of any kind caused by traveling to or from or being present at or participating in any activities relating to the Cantinas Music Festival; (iii) any printing, typographical, technological or other error in any materials associated with the Cantinas Christian Song Search; (iv) lost, late, misdirected, damaged, garbled, or illegible application materials, videos, mail, electronic communications or other transmissions of any kind whatsoever (collectively Communications ); (v) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of any Communications, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure of any party to receive any Communications for any reason; or (vi) any injury or damage to candidate s or any other person s computer relating to or resulting from participating in the Cantinas Christian Song Search. Any candidate s presence at the Cantinas Music Festival, and the presence of candidate s friends, family members, and anyone else accompanying candidate, constitutes consent and agreement of candidate and companions to the recording and use of each individual s performance, appearance, name, voice, singing voice, likeness and any musical or sound effects produced by any of them for use in connection with any television program, motion picture, wireless/mobile device, or the Internet for all purposes (including advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights), as the same may be edited, in all media now known or hereafter created, throughout the universe, in perpetuity for no compensation, unless otherwise required by law. IF CANDIDATE AND/OR CANDIDATE S FRIENDS, FAMILY MEMBERS, OR ANYONE ELSE ACCOMPANYING CANDIDATE TO THE CANTINAS MUSIC FESTIVAL, DOES NOT WISH TO BE PHOTOGRAPHED, OR DOES NOT AGREE WITH THESE TERMS, PLEASE DO NOT ATTEND SUCH EVENTS AND DO NOT ENTER THE VENUE WHERE SUCH EVENTS ARE TAKING PLACE. 8. General: By participating in the Cantinas Christian Song Search and submitting a video, you agree to be bound by these Terms and Conditions and the decisions of Sponsor and any Cantinas Christian Song Search judges, which shall be final and binding on all matters. Sponsor reserves the right to modify these Terms and Conditions, or to suspend, modify or terminate the Cantinas Christian Song Search, or any portion thereof, at any time in its absolute discretion without prior notice in the event of circumstances that threaten the integrity, or disrupt the anticipated conduct of the Cantinas Christian Song Search.

5 Page 5 of 5 9. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A CANDIDATE, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEBSITE ASSOCIATED WITH THE CANTINAS TALENT SEARCH, OR TO INTERFERE WITH THE OPERATION OF THE CANTINAS TALENT SEARCH, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 10. CONTACT INFORMATION. The Cantinas Christian Song Search is conducted by Cantinas Ranch Foundation, Pacific Coast Highway, Suite 350, Malibu, CA Questions and comments relating to the Cantinas Christian Song Search should be directed to: TalentSearch@cantinasranch.org