Radio Disney's N.B.T. (Next Big Thing)- TALENT CONTEST Official Rules
I. NAME OF SPONSOR(S):
Radio Disney Network (Hereinafter referred to as "Sponsor").
Radio Disney's N.B.T. (Next Big Thing) Talent Contest ("Contest") will feature five (5) artists and/or bands ("Artist") over 15 weeks beginning at 8:00 pm ET on Wednesday, September 9, 2009, including approximately 4 weeks of promotion periods. Each Artist will be individually featured for a period of 2 weeks each, followed by a 1 week open rating period beginning at 8:00 pm ET on Wednesday, December 2, 2009 and closing on Wednesday, December 9, 2009 at 8:00 pm ET. Winner will be announced on or about Friday, December 11, 2009, at 6:00 pm ET and will be featured in on-air and online promotional announcements through Friday, December 18, 2009, 2009 (the duration of week 15).
Five Artists have been pre-selected to compete from physical and/or online music selections by, and submissions to, Sponsor. All Artists must represent and warrant that they have all rights necessary to grant to Sponsor for all music submitted for consideration. Artist may use live accompaniment but may not use pre-recorded tapes as accompaniment.
Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Radio Disney, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the contest or supplying the prizes, and their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to compete. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year.
IV. CONTEST PROCEDURES
Each Artist will be individually featured on-air, online, on Disney Channel and via web-enabled mobile phone for a period of 2 weeks during which time Radio Disney listeners will have the opportunity to rate that Artist on a scale of 1-5 stars via www.radiodisney.com and via text messaging. Each Artist's individually featured rating period will begin on the respective date at 12:00 AM ET and close on the date two weeks later at 5:00 PM ET. Each Artist will receive an average rating (calculated from all valid ratings received). At the end of each Artist's individually featured 2 week rating period, voting will close for that Artist and begin for the next featured Artist. The order in which the Artists will be presented during the individually featured rating period shall be at the sole discretion of Sponsor. Artists and rating participants may listen to Radio Disney and go to www.RadioDisney.com for a regularly updated N.B.T. Artist schedule.
At 8:00 pm ET on December 2, 2009, after all 5 Artists have been individually featured for 2 weeks each, an open ratings period will begin for all 5 Artists during which time Radio Disney listeners may rate all Artists. Throughout the individual artist ratings period and open ratings period, an Artist Rankings page on www.radiodisney.com will track the progress of each artist's average rating and feature the top 5 current rated artists from highest to lowest. Ratings will be updated periodically, but at least weekly. The open ratings period (during which time all Artists will be featured approximately equally via Radio Disney on-air produced features) will end and all voting will close on Wednesday, December 9, 2009 at 8:00 pm ET. All ratings must be submitted online prior to 8:00 pm ET on Wednesday, December 9, 2009. On or about Friday, December 11 at 6:00 pm ET the winner will be announced on Radio Disney, followed by announcements on www.radiodisney.com, the Radio Disney mobile website and/or other online sites.
V. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
Each Artist's will receive an average rating (calculated from all valid ratings received), "Artist Rating". The ratings from both the first round of each Artist's individually featured ratings period and the second round of open rating will be counted equally for the final total Artist Rating. The Artist with the highest overall average Artist Rating, who has also received a minimum number of ratings equal to at least 1% of the total ratings received, will win the N.B.T. Contest.
In the event of a tie in Artist Ratings (in which case Artist Ratings will be calculated up to 2 decimal places), the Artist with the highest number of ratings received will win the N.B.T. Contest.
Potential winner will be notified by email and phone. Response to winner notification must be received by Sponsor within 24 hours or the prizes will be forfeited and will be awarded to a runner-up. Winner will be contacted on or about December 9, 2009.
In the event winner is deemed ineligible or fails to comply with Contest procedures, then the prizes will be awarded to a runner-up.
VI. HOW TO RATE ARTISTS
NO PURCHASE NECESSARY.
RATE VIA RADIODISNEY.COM Participant listeners may look at Artist photos, watch artist videos, listen to 2 Artist interviews, listen to 2 featured song selections and rate each Artist via their computer at www.RadioDisney.com. Each Artist will have a unique individually featured two week rating period wherein voters can rate the Artist 24 hours a day/7 days a week, once per day, until the Artist's individually featured ratings period closes (on the respective day) at 5:00 PM ET. Beginning on Wednesday, December 2, 2009 an open rating period will begin wherein a participant can again rate any Artist 24 hours a day/7 days a week once per day until ratings close and the contest ends on Wednesday, December 9, 2009 at 8pm ET Each Artist can be rated on a 5 star basis ranging from 1 star (lowest) to 5 stars (highest).
From the featured Artist page, participants click on a "RATE" link for the respective artist and can click on a graphic link of 1 star, 2 stars, 3 stars, 4 stars, or 5 stars. (1 star = lowest / 5 stars = highest) After rating, the participant is shown the number of stars highlighted that they've given a rating.
RATE VIA TEXT MESSAGING During a given Artist's featured individual two-week rating period, participant listeners can text NBT to 347639 and will then receive a text message asking participant to rate that week's featured Artist (for example, "To rate ARTIST X, reply with 1-5, 5 is the highest"). Participant listeners then need to text their desired rating number (1 through 5) back to 347639 to register their rating. There is no text voting during the open rating period. Data is gathered and added to the data collected online to calculate an overall Artist ranking. Text messaging may not be available in all areas.
KIDS AND PARENTS PLEASE NOTE: Standard carrier-messaging and data fees may apply to each text message sent and received. Kids ask your parents' permission before texting. There are no premium charges attached to these texts.
Sponsor is not responsible for failed, partial or garbled computer, phone and/or text transmissions, or for technical failures of any kind, including but not limited to ratings that are not processed and electronic malfunction or damage of any telephone/cable network or lines, online systems, servers, providers, network, hardware or software. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, ratings; or failure of any e-mail or electronic ratings to be received on account of technical problems or traffic congestion on the Internet or at any Web-site, or any combination thereof, including any injury or damage to any computer related to or resulting from participation in or downloading any materials from this contest.
Mass ratings generated by a script, macro or use of automated devices ("Mass Ratings") will be disqualified. Sponsor reserves the right to modify, suspend or cancel the contest in the event: the contest becomes infected by a computer virus or is otherwise technically impaired; and/or tampering, unauthorized intervention, fraud, technical failures, Mass Ratings or other causes corrupt the administration, security, fairness, integrity or proper play of the contest. If modified, suspended, or canceled, Sponsor reserves the right at its sole discretion to determine the winner using all non-suspect, eligible ratings received up to the time of modification/suspension/cancellation using the judging procedure outlined above. Sponsor reserves the right at its sole discretion to disqualify any individual and/or void all associated ratings it finds to be: tampering with the ratings process or the operation of this contest or web site; intending to annoy, abuse, threaten or harass any Artist, Sponsor or any of its representatives; or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt to deliberately damage any web site or undermine the legitimate operations of the contest is potentially a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other such remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right to modify the rating mechanism, method and/or processes during the Contest to account for technical and production issues and to improve the user experience (including, without limitation, by adding to or eliminating a method of submitting ratings). Any such changes will be noted in a revision to the Rules and online.
VII. N.B.T. PRIZE
The winning Artist ("Winner") is entitled to receive the Grand Prize, which is an opportunity to release a single Sound Recording, as selected by Sponsor/Sponsor Affiliate, through a Sponsor Affiliate label company (the "Grand Prize") subject to the Winner signing Sponsor Affiliate label company's standard artist agreement ("Artist Agreement") and any other documentation required by such label company, and subject to the Artist's fulfillment of all additional prize requirements as specified in the Rules.
All Artists will receive the following Artist Prizes: Ground transportation to and from airport in Los Angeles, ground transportation to and from production locations in Los Angeles; 3 nights hotel accommodation in Los Angeles (standard room, double occupancy for solo Artist and parent/guardian; 2 standard rooms or one suite for artists in a band and parents/guardians); round-trip coach class airfare to Los Angeles for each artist and one (1) parent/guardian; daily Per Diem for each artist and one (1) parent/guardian of $65.00 each; and one (1) hand-held consumer grade digital video camera (approximate retail value $100.00) (per artist or band). The total approximate retail value of Artist Prizes, per solo Artist is $2,500. Approximate retail value of Artist Prizes for artists in a band may vary.
Artist understands that (i) the failure to enter into an Artist Agreement and to fully satisfy the remaining requirements as specified in the Rules on a timely basis shall result in disqualification and forfeiture of the prizes, (ii) the prizes are not transferable or exchangeable and may not be redeemed for cash, except as specified in the Rules, (iii) Artist is solely responsible for any and all federal, state and local taxes that may be due on the prizes and that Artist will receive a 1099 tax form reflecting the actual retail value of any prize valued at $600 or more, (iv) Prize travel and/or accommodations must occur on or within any specified travel dates described in the Rules or the prizes shall be forfeited in its entirety, and (v) Parent or guardian guest(s) and Artist must travel on the same itinerary or the prizes shall be forfeited in its entirety.
Sponsor is not responsible for circumstances that make it impractical or impossible to fulfill the Grand Prize sound recording release element of the Prize. The Grand Prize and the production/shoot elements (including but not limited to: Artist interviews; performances; and photo shoots) of the Artist Prizes have no approximate retail value, and if it becomes impractical or impossible to fulfill this element, Sponsor's only obligation will be to provide the remainder, if any, of the prizes.
All expenses not specifically provided for herein are the winner's sole responsibility. Some restrictions may apply.
By participating, rating participants and Artists agree to be bound by these Official Rules and the decisions of the Sponsor and the contest administrator, which shall be final in all respects.
By participating in this contest and/or accepting any prize that they may win, Artists agree to release Radio Disney, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this contest and/or acceptance or use of the prize.
Artists authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, in any media now known or hereafter created or conceived, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation.
Artists may be booked for pay and in compliance with all Radio Disney policies and state/federal laws for local performances by Sponsor during the Sweepstakes time period. However, it is understood that such bookings will have no impact on the winner selection or any element of the Contest in any way.
IX. ARTIST GOOD FAITH INTENTIONS
Sponsor requires all participants and Artists to act in good faith in all matters relating to the Contest and other Artists. To that extent any participant or Artist acts in a manner that disparages or damages the Contest or another Artist's activity in the Contest, via press, broadcast, online or any other means, including but not limited to deliberately encouraging others to give an Artist participant a low rating; employing or encouraging others to employ Mass Voting mechanisms; or in any way interfering with the planned Contest and voting procedures, is cause for disqualification from the Contest and/or the ability to rate Artists. This determination shall be made solely at the discretion of Sponsor.
All Artists acknowledge and agree to work in conjunction with Sponsor on any and all marketing, promotional or press relating to the NBT program and/or Contest both during the Contest and for a period of six months following the end of the Contest, as permitted by law. Participants agree they will not conduct, participate or sanction any press interviews or other press activities related to NBT or the Contest without the advance consent of Sponsor.
X. SUBMITTED MATERIALS
By submitting their contest materials, including but not limited to music, recordings, photographs, Videos and/or biographical information ("Materials"), Artist certifies that the Materials are original and created by the Artist, that Artists have the necessary rights, permission and authority to submit the Materials, that no third-parties have a valid claim or interest in the Materials, and, if applicable, that Artist maintain a valid copyright in the Materials.
Details, representations and obligations regarding Artist's rights to the Materials, as well as Artist agreements regarding option rights as a condition of entry, are described in further detail in the agreement all Artists must sign in advance of participating in the contest ("Contest Agreement"). Artist's representations and obligations in the Contest Agreement and these Official Rules are cumulative and the Contest Agreement terms are incorporated as part of these Official Rules by reference herein.
Artists acknowledge that such materials may be included and/or discussed in a broadcast, that such discussion may include statements or opinions by the broadcast talent or others about the Artists, the Artists' appearances and/or the materials, and that those statements and opinions may be considered surprising, embarrassing or otherwise offensive or injurious to them and/or other third parties. Artists release the Released Parties from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any such statements or opinions made during a broadcast.
XI. CONTESTANT ELIGIBILITY
To claim prizes winner and/or winner's parent or guardian must: (a) provide proof of winner's age, residency, and legal status; (b) sign and return eligibility, publicity and liability releases, as well as the Contest Agreement and any other releases and/or agreements requested by Sponsor; and (c) if any travel is provided, have winners and their intended travel companion(s), if any, sign and return releases requested by Sponsor; all within the time period(s) specified by Sponsor. If any travel and/or accommodations are provided, Sponsor may require any minor travelers to be accompanied by his/her parent or guardian, who will count toward any travel package included in the prize.
XII. MISCELLANEOUS; WINNERS' LIST
Void where prohibited. All federal, state and local laws and regulations apply.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the contest as originally planned.
XIII. WINNER ANNOUNCEMENT
Contest winner will be announced on Radio Disney on or about Friday, December 11, 2009 at 6:00 pm ET. The winner will be featured in on-air and online promotional announcements through Friday, December 18, 2009 (the duration of week 15). Further announcements will be placed on www.radiodisney.com, Radio Disney Mobile website and/or other online sites, following on-air announcement. Winner will be posted online for 60 days after Contest end date.