CLASH OF THE CHOIRS
CHALLENGE OFFICIAL RULES
These are the official rules for the Clash of the Choirs "Holiday Moment" Challenge (the "Challenge"), which is sponsored by NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 ("Sponsor").
- ELIGIBILITY: The Challenge is open only to choir groups (each, a "Choir Group") that have a minimum of five (5) members and whose members are, at the time of participation, legal residents of and physically residing in the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, US Virgin Islands and all other US territories), who are at least 13 years of age or older. Choir Group members who are under the age of 18 years or the age of majority in their state of residence must obtain their parentís permission before entering the Challenge. Employees of Sponsor, and its parents, affiliates, subsidiaries, and any other entity involved in the development or administration of this Challenge, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, (collectively, "Ineligible Participants") are not eligible to participate in the Challenge (i.e., an eligible Choir Group may not include any Ineligible Participants). Void where prohibited by law. All applicable federal, state and local laws apply.
HOW TO PARTICIPATE: Each individual Choir Group must designate one of its members, directors, or other person serving in a supervisory role as its representative (a "Choir Representative") to submit an entry in the Challenge on behalf of their Choir Group. The Choir Representative must be at least 18 years of age or older and the age of majority in their state of residence. Beginning 3:00PM Eastern Time ("ET") on Monday, December 3, 2007 through 11:59 PM Eastern Time ("ET") on Monday, December 10, 2007 (the "Submission Period"), a Choir Representative may enter their respective Choir Group into the Challenge by 1) logging on to www.nbc.com/clashofthechoirs (the "Website") and clicking on the "CLASH OF THE CHOIRS "HOLIDAY MOMENT" CHALLENGE " banner/link, 2) registering and completing the official registration form in its entirety (including the name, daytime telephone number, address, city, state, zip code, age and email address of the Choir Representatives and the full names of all of the members of the Choir Group), 3) following the posted instructions and these Official Rules (including the Terms of Service (see below)) to create a video recording of your Choir Groupís performance (a "Video Performance") of one of the music choices provided to you on the Website (the "Tools") (see below) in accordance with the posted requirements and these Official Rules, and 4) submitting the Choir Groupís Video Performance by clicking on the "Submit" button.
Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. For any Choir Groupís Video Performance to be valid and in order for it to be considered, the Choir Group must acknowledge having read, accepted, and agreed to (through their Choir Representative) the terms and conditions set forth in these Official Rules and the Terms of Service. Each Video Performance and all other materials submitted in connection with a Choir Groupís entry (collectively a "Submission") must (with the sole exception of the Choir Groupís use of any Tools provided by Sponsor) be original, truthful and unpublished. See below for complete Terms of Service. All Submissions must be received by the end of the Submission Period.
Limit one (1) Video Performance per Choir Group for the entire Submission Period. Please note that only one Choir Representative may submit a single Video Performance on behalf of a Choir Group. In the event that more than one Video Performance is received from any one Choir Group, the first submitted Video Performance received by Sponsor from a Choir Representative will be deemed the groupís Video Performance. All determinations regarding the eligibility of any Choir Group, Choir Representative and/or any Video Performance (or any other aspect of a Submission) shall be made by Sponsor in its sole discretion, and all such decisions are not subject to challenge or appeal. All Submissions become the property of the Sponsor.
VIDEO INSTRUCTIONS: Create a Video Performance that responds to the posted instructions as set forth on the Website and in these Official Rules (including, without limitation, the Terms of Service). Among other things, your Video Performance must be at least one (1) minute but not more than five (5) minutes in length, must not exceed 100 mb in size, and must be in one of the following formats: QuickTime or Windows Media Player. No other formats will be accepted. In addition, if requested by Sponsor, you must be able to send to Sponsor a copy of your Video Performance on MiniDV, DVCAM, HDV, Beta SP, DigiBeta, or HDCAMvideotape, by no later than December 13, 2007 and as early as 24 hours after receiving a request from Sponsor to provide such a copy. Submitted videotape should be color corrected to adhere to CCIR-601/ITU-R 601 NTSC broadcast specs, have peak audio levels between 10db and 8db, and have an aspect ratio of either 16:9 or 4:3.
TOOLS: Sponsor may make available to Choir Groups certain content, which may include audio (including, without limitation, music), video, artwork, instructions, and/or other content or materials (of any kind) (collectively, the "Tools") for use by Choir Groups solely for the purpose of creating a Submission and for use and exhibition by Sponsor only. Choir Groups (or any other person) may not use the Tools, either as part of their Submission or otherwise, in any other manner or for any other purpose and the creation of a Submission containing Tools does not grant the Choir Group, any of its members, or any other person any rights to use the Submission other than for the purpose of submitting it to Sponsor in connection with entering the Challenge. Without in any way limiting the foregoing, each and every participant in this Challenge acknowledges and agrees (through their Choir Representative) that any audio (including, without limitation, any music), video, artwork, instructions, and/or any other content or materials of any kind included as part of the Tools are owned by Sponsor and are provided solely for the purpose of inclusion in a Submission and only for use and exhibition by Sponsor in accordance with this Agreement, and any Choir Group, any of its members, or any other person shall acquire no copyright or other ownership of these Tools (or any part or element thereof) as the result of the incorporation of them into a Submission. The violation of any of these provisions or any unauthorized or improper use of any of the Tools, and use of the Tools and/or the Submission for any other purpose shall VOID THE SUBMISSION and entitle Sponsor to pursue all legal and equitable rights and remedies, including, without limitation, an action for copyright infringement as well injunctive relief and damages.
TERMS OF SERVICE: By participating, each Choir Group acknowledges and agrees that it has (through its Choir Representative) read and agreed to, and that their entire Submission is subject to and must comply with, the Website Terms of Service located at www.nbc.com/clashofthechoirs including, but not limited to, Section 3 entitled "User Content." What does this mean? You must read those Terms of Service carefully and accept them to enter. Here are the highlights:
- Your video has to be YOURS. Other than the provided Tools, your entire submission must be created by you...not copied or used without permission. This means MUSIC, VIDEO and DIALOGUE.
- You have all rights necessary to let us show your Video on our websites, in our television programs, in advertisements, and anywhere else we want.
- We're not going to return anything that you submit. It becomes ours.
- Get everyone's written permission to be in your Video. Even your little brother. Make sure they know what your doing with it. Seriously. No one under 18 (other than your own kid) should appear without their parents' permission.
- Make sure your Video does not infringe on anyone else's rights. If you don't know what that means, read the <>(which you have to do anyway to enter).
THE CHALLENGE PROCESS. Beginning as early as the start of the Submission Period, each eligible Submission will be reviewed by employees and/or representatives of Sponsor ("Judges") who will review Submissions on a rolling basis, as they are submitted (but no later than one (1) week following the end of the Submission Period). Any (or none) of such Submissions deemed by Judges, in their sole discretion, to be in accordance with these Official Rules (including having been deemed appropriate and as meeting with Sponsorís standards) may, at any time, be posted by Sponsor and/or Judges on the Website, on such other websites as may be designated by Sponsor, and/or disclosed on-air on in any other venue, along with the respective Choir Groupís name, city, state, and Submission title. In addition, Judges, in their sole discretion, may designate up to four (4) Video Performances (or such other number as Sponsor may designate) as Featured Submissions from among all eligible Submissions received. Sponsor may, in its sole and exclusive discretion, elect to exhibit any, all, or none of the four (4) Featured Submissions via an on-air promotion at any time during the broadcast of "Clash of The Choirs" from on or about December 17, 2007 through December 20, 2007. The decisions of the Judges and Sponsor are final and are not subject to challenge or appeal.
Sponsor may modify any Submission or Featured Submission, including editing, adding or subtracting elements at its sole discretion. There is no cash value to the selection as a Featured Submission. No payment or compensation will be awarded for such exposure. If the all members of the Choir Group that submitted a Featured Submission do not make themselves available as directed by Sponsor or are deemed by Sponsor to otherwise not be eligible, Sponsor reserves the right to remove the Featured Submission designation.
All details of the designation as and use of any Featured Submission, if any, (including, but not limited to, the manner and duration of any on-air or online exposure or exposure in any other venue) are at the sole discretion of the Sponsor. Choir Groups whose Submissions are designated as potential Featured Submissions may be notified by email, mail or phone and must return any and all documents required by Sponsor within the indicated time period. Sponsor, its affiliates, licensees, successors and assigns are in no way obligated to use any Submission in any manner. In the event that insufficient qualified Submissions are received, Sponsor reserves the right, in its sole discretion, not to choose any Featured Submissions.
GENERAL RULES: Entry of a Submission constitutes permission to the Sponsor and its designees to use each participantís (i.e., each Choir Group memberís) name, city, state, likeness, voice, biographical information and statements for purposes of advertising, promotion and publicity in any and all media, now or hereafter known, throughout the world in perpetuity without additional compensation, notification or permission, unless prohibited by law. By participating, each Choir Group (and each of its members) (i) is warranting and representing that they are the sole creator of their Submission and that no element thereof was taken from any published materials; (ii) agrees to release, hold harmless, and indemnify Sponsor and its parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, any other entity involved in the development or administration of the Challenge and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties") against any and all claims and liability of any kind (including, without limitation, personal injury, death, and/or property damage) arising out of their participation in the Challenge; (iv) waives all rights to claim direct, indirect, punitive, incidental and/or consequential damages, attorney's fees or any damages of any kind other than actual out-of-pocket costs incurred to participate; and (v) agrees that they have read and understood these Official Rules, and accept these Official Rules together and agree to abide by their terms and conditions, as they may be amended from time to time, and all other applicable rules and regulations and the decisions of the Sponsor and Judges, which are final and binding on all matters relating to the Challenge.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, illegible, misdirected, garbled, inaccurate, delayed or undelivered submissions; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Challenge, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Challenge, the processing of submissions, the announcement, delivery to or use by any person or entity of any benefit (whether actual or perceived) derived from the Challenge, or in any Challenge-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Challenge. CAUTION: Any attempt by any participant to deliberately damage any web site or undermine the legitimate operation of the Challenge is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent permitted by law, including criminal prosecution.
Sponsor reserves the right to postpone, cancel, or modify the Challenge (or any element thereof, including, without limitation, these rules) in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules) without notice, in its sole discretion. If for any reason this Challenge is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsorís sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Challenge, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend all or any part of the Challenge or to disqualify any implicated participant(s) (and their submissions). In the event of cancellation, Sponsor reserves the right, at its sole discretion, to conduct judging for the applicable Submission Period from among all eligible, non-suspect Submissions received for that Submission Period up to the time of the event or action warranting such cancellation, termination, modification or suspension, as applicable. Notice of cancellation, termination, modification or suspension, if any, may be posted on the Website.
Sponsor may prohibit any participant or potential participant from participating in the Challenge in any manner, if at the sole discretion of Sponsor, such person or group shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other participant, Sponsor, or its agents or representatives or (2) in any other disruptive manner. Sponsor also reserves the right (in addition to all of the legal and equitable rights and remedies available to Sponsor), in its sole discretion, to suspend or terminate any participantís or potential participantís access to any Sponsor or related website and refuse to grant any such participant or potential participant access to use any Sponsor or related website in the future with or without warning if Sponsor, in its sole discretion, believes any such individual or group has: (i) violated or tried to violate the rights of Sponsor; (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of these Official Rules; or (iii) acted inconsistently with any of the terms or conditions of these Official Rules. Sponsor has no obligation to inform any participant or group of any decision not to post, to remove, or not to use, exhibit or otherwise exploit their Submission.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant, Sponsor, and the Released Parties in connection with the Challenge, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Challenge, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("the JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
LIMITATION OF LIABILITY: Participants agree that the Released Parties shall not be liable for injury, loss or damage of any kind resulting from participating in this Challenge. Sponsor reserves the right (but is not obligated) to verify eligibility qualifications of any participant.