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Please read these rules carefully. Your video
submission for this contest is being made under a limited license from the
MY GRAMMY®
MOMENT 2008
OFFICIAL SEARCH RULES AND RELEASE
NO PURCHASE NECESSARY TO PARTICIPATE OR TO WIN
1. SEARCH DESCRIPTION.
"My
GRAMMY Moment" (“Search") is a talent search to find
undiscovered instrumentalists from among entrants who participate in the Search
(each an "Entrant" and collectively the "Entrants") who
will have an opportunity to play in an orchestral performance on stage with Foo
Fighters at the 50th Annual GRAMMY Awards (the "50th GRAMMY Event")
scheduled to be broadcast beginning at 8 PM Eastern Time (ET) on February 10,
2008 over the CBS Television Network (the "50th GRAMMY Program").
Each Entrant participating in the Search
will be invited to submit an audio/visual video submission ("Audition
Entry" or "Video") featuring his or her solo, instrumental
performance (i.e., instrumental performance only without any vocal or other instrumental accompaniment) of one (1)
pre-selected Foo Fighters’ song entitled “The Pretender”. The Video must
consist of Entrant playing only one of the following approved musical
instruments of the Entrant's choice: Strings
(Viola, Violin, Cello, Upright (double) Bass); Woodwinds
(Bassoon, Clarinet, Flute/Piccolo, Oboe, Soprano/Alto/Tenor/Baritone Saxophone);
and Brass
(Trombone, Trumpet/Flugelhorn, French Horn). No other instruments accepted.
A Video featuring Entrant playing an instrument other than one of the
instruments listed in this paragraph will be disqualified.
The Audition Entries submitted by all Entrants
will be narrowed down by a panel of judges to forty-five (45) quarterfinalists
(the "Quarterfinalists"). Thereafter, the votes of the public ("Public
Voters") and certain groups of The Recording Academy’s membership will
determine up to twenty (20) semifinalists (each a "Semifinalist" and
collectively the "Semifinalists") inclusive of three (3) finalists
(each a "Finalist" and collectively the "Finalists") who
will be selected to play in an orchestral performance with Foo Fighters during
the 50th GRAMMY Program (the “GRAMMY Performance”). One (1) of the
Finalists will be named the Winner of the Search based on votes by the Public
Voters during the Round 2 Voting Period and will have the opportunity to be a
featured instrumentalist in the orchestra during the GRAMMY Performance.
The Search begins on Thursday, January 3,
2008 with the announcement by a representative of National Academy of Recording
Arts & Sciences, Inc. (“The Recording Academy”), and ends with the announcement
and featured orchestral performance by the Winner on Sunday, February 10, 2008
during the 50th GRAMMY Program ("Search Period").
Sponsors: CBS Interactive Inc.
YouTube, LLC, 1000 Cherry Ave. 2nd Floor, San Bruno CA. 94066
National Academy of Recording Arts and Sciences, Inc. 3402 Pico Blvd., Santa Monica, California 90405
Administrator: Marden-Kane
Inc.,
2. ELIGIBILITY:
The Search is open to legal residents of
the fifty (50) United States and the District of Columbia, who (i) reside and
are physically located in those jurisdictions and (ii) are at least eighteen
(18) years of age or the applicable age of majority in the place of their
residency (if greater than eighteen (18) years of age) as of January 3, 2008. Employees, officers, directors governors,
trustees, volunteers (and members of their immediate families [spouse, parents,
siblings and children and their respective spouses, regardless of where they
reside] or households, whether or not related) of Sponsors, The Recording
Academy, CBS Broadcasting Inc., Ken Ehrlich Productions (“Ehrlich”), Cossette
Productions (“Cossette”), Foo Fighters and the individual members thereof, Foo
Fighters, LLC (each, together with the Sponsors, a "Search Entity"
and collectively the "Search Entities"), or of any entity connected
with the Search or with the 50th GRAMMY Event or the 50th GRAMMY Program and
their respective parent companies, subsidiaries, franchisees, affiliates,
licensees, agents, attorneys, independent contractors and advertising and
promotion agencies are not eligible to participate in the Search. In addition, an individual is not eligible to
participate who has entered into an agreement that would make acceptance of the
opportunity to perform with Foo Fighters during the 50th GRAMMY Event
impossible or subject to third-party approval.
The Search is void outside the
By PARTICIPATING IN THIS SEARCH, EACH
ENTRANT agreeS THAT SPONSORS MAY, AT THEIR OPTION, CONDUCT a Background check
ON ENTRANT, AND THAT, AT ANY TIME AFTER THE BACKGROUND CHECK IS INITIATED, THE
SPONSORS RESERVE THE RIGHT TO DISQUALIFY ANY ENTRANT ON THE BASIS OF ANYTHING
CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED ENTRANTS WILL BE REQUIRED TO SIGN
waiver forms authorizing the release of personal and background information AND
TO COMPLETE A BACKGROUND QUESTIONNAIRE.
3. HOW TO REGISTER:
To participate in the Search, individuals
should log on to www.youtube.com, www.cbs.com/specials/my_grammy_moment ("CBS
Site") or www.grammy.com (the
“Recording Academy Site and click on the “My
GRAMMY Moment” link. The link will
take the individual to the Search registration page at http://www.youtube.com/mygrammymoment ("the
registration page,” together with www.youtube.com,
being the “YouTube Site"). Any
individual wishing to participate in the Search by submitting a Video (see Rule
4) must first register to participate, thereby becoming an Entrant. Registration for the Search is free and
available at the YouTube Site. As part of the registration process for participation
in the Search, potential Entrants will be required to click where indicated to
signify that they have read, accept and agree to be bound by these Official
Search Rules and Release and the terms hereunder, including but not limited to
the releases of liability and the limited licenses granted herein (see Rule 4),
including the decisions of the judges and, as and when applicable, the
Sponsors, which are final and binding in all respects.
If broadcast of the 50th
GRAMMY Program is preempted, re-scheduled or cancelled for any reason, Sponsors
reserve the right to terminate the Search, or change any of the applicable
dates herein, including without limitation, the dates for the Search Period,
voting, travel to the 50th GRAMMY Event, and/or the GRAMMY
Performance. Notice of any such changes or termination will be posted online at
the Sponsors’ web sites. If the dates for travel to the 50th GRAMMY
Event are changed by Sponsors and a Semifinalist cannot travel during those new
dates and attend rehearsals for the re-scheduled 50th GRAMMY
Program, then the Semifinalist shall be deemed to have forfeited the opportunity
to advance in the Search and an alternate Semifinalist may be chosen by the
Judges, in their sole discretion.
4. HOW TO SUBMIT THE AUDITION ENTRY:
Make a Video and Upload the Audition
Entry to the YouTube Site
Commencing
January 3, 2008 with the announcement by The Recording Academy of the Search
through January 20, 2008 at 11:59:59 PM ET / 8:59:59 PM PT ("Submission
Period"), each Entrant who has successfully registered will have the
opportunity to make an audio/visual video submission (i.e., the Audition Entry)
showcasing the Entrant performing the pre-selected Foo Fighters song listed on
the YouTube Site (i.e., instrumental performance only without vocal or any additional
instrumental accompaniment) playing only one of the following approved musical
instruments of the Entrant's choice: Strings
(Viola, Violin, Cello, Upright (double) Bass); Woodwinds
(Bassoon, Clarinet, Flute/Piccolo, Oboe, Soprano/Alto/Tenor/Baritone Saxophone);
and Brass
(Trombone, Trumpet/Flugelhorn, French Horn).
No other instruments accepted.
Each Entrant will have the opportunity to download a twelve (12) - bar
“lead sheet” for use in creating the Video.
Each Video must be of a performance embodying eight (8) bars of the
melody provided, followed by a “solo" by Entrant for up to twelve (12)
additional bars at the specified tempo. Each
Video must be no longer than one (1) minute in length. The Entrant must
follow the online instructions to upload his/her Video to the YouTube Site. Entrant
must complete all information requested on the YouTube Site, click where
indicated to signify that he/she has read and agrees to the terms and
conditions contained in these Official Rules and Release and the terms
hereunder, including but not limited to the releases of liability and the limited
licenses granted herein, attach his/her Video formatted and encoded according
to the requirements set forth at the YouTube Site and click "Submit"
(each an "Audition Entry"). Any Audition Entry received that (i) exceeds
one (1) minute in length, (ii) contains any vocal performance(s) or (iii)
contains more than one instrument or performer, lyrics, a performance with a
non-approved instrument (see list of approved instruments above), or any
intellectual property other than a single instrumental performance by the
Entrant of the pre-selected musical composition listed on the YouTube Site will
be disqualified or not considered. Entry of false or misleading information by
any Entrant shall be grounds for disqualification of the Audition Entry, at the
sole discretion of Sponsors or the other Search Entities. Failure to comply
with these Official Search Rules and Release shall be grounds for disqualification
of any Audition Entry, at the sole discretion of Sponsors and other Search
Entities. Performances which Sponsors or
the other Search Entities deem in their sole discretion to be sexually
explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in
bad taste, or which otherwise may reflect unfavorably on Sponsors or any of the
other Search Entities are not eligible and will be disqualified. Limit one (1)
Audition Entry per Entrant. Each Audition Entry must be submitted by the individual
who also appears in the Video. Group entries (including performances of bands)
will not be accepted. Sponsors are not responsible
for lost, late, incomplete, corrupted, stolen, misdirected, delayed Audition
Entries; any computer, telephone, wireless phone, cable, network, satellite,
electronic, or Internet hardware or software malfunctions; unauthorized human
intervention, or the incorrect or inaccurate capture of Audition Entry or other
information, or the failure to capture such information. All Videos associated
with Audition Entries are created under limited license from The Recording
Academy, and, as such, are owned by The Recording Academy, subject to a limited
license back to the Entrant solely for non-commercial use on the YouTube
Website in accordance with the terms of service for the YouTube website
available at http://www.youtube.com/t/terms.
Video Requirements Summary. Each Video
After uploading to the YouTube Site, Audition
Entries will be reviewed by Sponsors for compliance with these Rules before
being judged by the Sponsors; however, such review does not relieve Entrant
from responsibility for compliance with these Official Search Rules and Release. Audition Entries that do not comply with
these Official Search Rules and Release or that otherwise contain prohibited,
or inappropriate content as determined by the Sponsors, in their sole
discretion, will be disqualified from the Competition and will not be
considered for advancement in the Search. Certain Videos may be featured from
time to time on the YouTube Site, the CBS Site, the Recording Academy website and/or
other websites selected by the Sponsors, in Sponsors' sole discretion; however,
being selected as a featured Video is unrelated to the judging and does not
guarantee selection as a Quarterfinalist, Semifinalist or Finalist (as
described in Rule 5).
5. JUDGING:
The
Search will consist of the following:
Audition Entry Submission Period and Judging to
Determine Quarterfinalists: Throughout the Submission Period (January
3, 2008 through January 20, 2008, all eligible Videos uploaded to the YouTube
Site will be reviewed by a panel of judges (each, a “Judge”; collectively, the
"Judges"). During the
Submission Period, the Judges will evaluate all eligible Audition Entries and
identify a number of Audition Entries that could potentially be among the top
forty-five (45) Audition Entries in the Search (the "Potential
Quarterfinalist Entry/ies").
The
Judges’ evaluation of Audition Entries will be based on: i) interpretation of
featured Foo Fighters song per the supplied lead sheet; ii) musicianship; iii)
vitality of performance; iv) originality of performance; and, v) evaluation of
the audition as a whole. Each of these judging criteria will be given equal
weight.
The
Sponsors will notify (by phone, email, mail and/or express mail, at Sponsors'
sole discretion) the Entrant associated with each Potential Quarterfinalist
Entry (a "Potential Quarterfinalist Entrant") that his/her Audition
Entry is being considered for a place as one of the Quarterfinalist Entries. Each
Potential Quarterfinalist Entrant (and up to 10 alternates) will be required to
complete, execute and return within two (2) days of the date of notification
the following: (i) an affidavit of eligibility, liability, and, unless
prohibited by law, a publicity release and waiver authorizing the release of
personal and background information; (ii) a background questionnaire; (iii) a
liability release and (iv) such other and further agreements as may be required
by the applicable Search Entity. If: (a) a Potential Quarterfinalist Entrant
fails to return such completed documents fully-executed within the specified
time period, (b) a Potential Quarterfinalist Entrant fails to comply with these
Official Search Rules and Release, (c) a Potential Quarterfinalist Entrant
cannot be contacted by Sponsors within a reasonable time period, or (d)
notification is undeliverable, the opportunity to be selected as a Potential Quarterfinalist
Entrant will be forfeited, and, at Sponsors' sole discretion, an alternate
Potential Quarterfinalist Entrant will be notified. Following the close of the Submission Period,
the Judges will select the actual forty-five (45) Quarterfinalist Entrants from
among the Potential Quarterfinalist Entrants who have submitted all required
documentation and otherwise complied with the Official Search Rules &
Release. Judges reserve the right to
choose fewer than forty-five (45) Audition Entries if, in their sole
discretion, they do not receive a sufficient number of eligible and/or
qualified Audition Entries. Judges
further reserve the right to disqualify any Potential Quarterfinalist Entrant
at any time on the basis of anything contained in or obtained as a result of
the background check.
Round 1 Voting Period to Determine up to 20
Semifinalists and 3 Finalists:
The
45 Quarterfinalist Entrants and their Audition Entries will be revealed on the YouTube
Site on January 25, 2008. Beginning on January 25, 2008 and ending at 11:59:59
PM ET / 8:59:59 PM PT on January 27, 2008 (the
"Round 1 Voting Period"), (i) information about the 45
Quarterfinalist Entrants will be available on the YouTube Site, the Recording
Academy Site, and the CBS Site and (ii) Public Voters
will be able to view the 45 Quarterfinalist Audition Entries on the YouTube
Site and to vote for their favorite Quarterfinalist Audition Entry via the YouTube
Site. Limit one (1) vote per Public Voter per twenty-four hour
period commencing at 12:00 AM through 11:59 PM (a “Day”) during the Round 1
Voting Period. Votes for the 45 Quarterfinalist Audition Entries must be
received by YouTube's servers by 11:59:59 PM ET / 8:59:59 PM PT on January 27,
2008. YouTube will tabulate the votes received, and, on January 29, 2008 the
Entrants who submitted up to twenty (20) Audition Entries which received the
greatest number of votes from Public Voters and certain groups of The Recording
Academy's membership during the Round 1 Voting Period will be announced as the
Semifinalists in the Search. Up to twenty (20) of the Semifinalists will be
invited to play in the GRAMMY Performance, subject to verification by and at
the sole discretion of the Sponsors. The Audition Entries submitted by up to twenty
(20) Semifinalists
will be made available for viewing on the YouTube Site and other websites as
selected by the Sponsors beginning on January 29, 2008. The
three (3) Semifinalist Entrants with the most votes will be deemed “Finalists”.
In the event of a tie the Judges’ will determine order of ranking based on
judging criteria.
Round 2 Online and SMS Voting Periods to
Determine Winner of the Search:
Public
Voters will be able to vote for their favorite Finalist Audition Entry two
ways:
1) Vote Online: The three (3)
Finalist Audition Entries will be made available for viewing on the YouTube
Site, the CBS site, The Recording Academy site and other websites as selected
by the Sponsors, beginning on February 4, 2008. Limit one (1) vote per
Public Voter per Day online during the Round 2 Voting Period. Votes for
the Finalist Audition Entries must be received by YouTube's servers by 8:59:59
PM ET on February 10, 2008.
2) Vote Via Cell Phone Text Messaging: Beginning at 3:00 AM ET (12:00 AM PT) on February
10, 2008 and continuing during the first hour of the CBS Television Network
live broadcast of the 50th GRAMMY Program on February 10, 2008, until 8:59:59
PM ET (5:59:59 PM PT), if an individual is a wireless service subscriber and
has a text messaging capable device, such individual may vote for his/her
favorite Finalist by sending a text message to the short code which will be
disclosed by CBS at www.cbs.com/specials/my_grammy_moment/ prior to
the 50th GRAMMY Program live broadcast and during the 50th GRAMMY Program live
broadcast. THERE WILL BE NO VOTING
DURING ANY LATER TAPED OR DELAYED BROADCAST OF THE 50th GRAMMY PROGRAM. Participant will be charged standard text
and data rates for each text message sent or received from participant’s
handset according to the Terms and Conditions of participant’s Service
Agreement with participant’s wireless carrier. Each wireless carrier's rate
plan may vary, and participants should contact their wireless carrier for
information on messaging rate plans and charges relating to participant’s
participation in this Contest Vote. There is a maximum limit of ten (10) text
message votes per person.
Determining
Winner of the Search:
Results: The Finalist who
receives the greatest number of total votes (i) from Public Voters during the Round
2 Online Voting Period plus (ii) from
Public Voters during the Round 2 SMS Voting Period will be named the Winner of
the Search, subject to verification by the Sponsors.
6. SEARCH BENEFITS
Finalists:
Each of up to
twenty (20) Semifinalists will receive at least a six (6) day/five (5) night
trip for one to Los Angeles, California from February 6, 2008 through February
11, 2008 to attend the 50th GRAMMY Event and to have the opportunity to
rehearse with Foo Fighters prior to the 50th GRAMMY Event for the purpose of
possibly performing an orchestral performance of a musical selection to be
determined by The Recording Academy (or its authorized designee) and Foo
Fighters, during the 50th GRAMMY Event, for possible broadcast as part of the 50th
GRAMMY Program. If a Semifinalist cannot
travel during the travel dates that are selected by Sponsors, then that Semifinalist
shall be deemed to have forfeited the opportunity to advance in the Search and
an alternate Semifinalist may be chosen by the Judges, in their sole
discretion. Trip amenities include
round-trip economy airfare for each Semifinalist from a major gateway city
airport close to Semifinalist's home in the United States (final determination
of the departure airport is at the sole discretion of the Sponsors) to Los
Angeles, California (if any Semifinalist lives within a one-hundred (100)–mile
radius of Los Angeles, California, ground transportation may be provided at the
Sponsors’ discretion); round-trip destination transportation to hotel via
private car (airport–hotel–airport) (if a Semifinalist is not eligible for air
transportation, round-trip airport-to-hotel transportation will not be
provided); at least a five (5) nights’ standard hotel accommodations of
Sponsors' choice and round-trip ground transportation to rehearsals, related
events and the 50th GRAMMY Event. The
aforementioned benefits and amenities to be provided to the Semifinalists do
not include meals, incidentals, in-room charges, telephone calls, beverages,
taxes, gratuities, or any other expenses not specified in these Official Search
Rules and Release. All of the expenses
mentioned in the immediately preceding sentence are the sole responsibility of
each Semifinalist. Estimated total
a.r.v. of the benefits provided to each Semifinalist, in the aggregate, at the
time these Official Search Rules and Release were published: $5,000 (total a.r.v.:
$150,000). Actual a.r.v. will be based on city of origin in the
Winner of the Search:
The Winner of the Search will have the
opportunity to be a featured instrumentalist in the orchestra during the GRAMMY
Performance with Foo Fighters of a musical selection to be determined by The
Recording Academy (or its authorized designee) and Foo Fighters (or their authorized
designee) during the 50th GRAMMY Event for possible broadcast as part of the 50th
GRAMMY Program. An audio-visual recording of the GRAMMY’s Performance may be
made available (commencing no earlier than February 10, 2008) online and in
commercial and promotional uses by the Sponsors.
General:
Each of the Semifinalists must have a
valid Social Security number. Specific
travel arrangements will be made by agent of Sponsors. Each Semifinalist will
be issued a 1099 for a.r.v. of his/her award including, without limitation,
selection of departing airport, destination airport, airline carrier, flight
times and destination hotel. Sponsors are not liable for any expenses incurred
as a consequence of flight cancellation/delay.
Certain documentation may be required for travel, such as photo
identification or passport. Each of the
Finalists is solely responsible for determining and complying with all
applicable procedures and restrictions.
The benefits and amenities to be provided to each Finalist and to the Winner,
respectively, are not transferable, assignable or redeemable for cash, except
at Sponsors' sole discretion. No
substitutions will be made, except at Sponsors' sole discretion. Each Finalist and the Winner is solely
responsible for any and all federal, state and local taxes.
7. CONDITIONS OF ENTRY:
As conditions of entry into the Search,
each Entrant:
(a) WARRANTS AND REPRESENTS THAT
(i)
ENTRANT IS THE CREATOR OF THE VIDEO AND IS IN
COMPLIANCE WITH THE LIMITED LICENSE GRANTED TO ENTRANT BY THE
.
(ii) Entrant has never been
convicted of a felony or misdemeanor offense either as a juvenile or as an
adult, nor are there any pending felony or misdemeanor charges against
Entrant. There has never been a
restraining order issued against Entrant in which there has been an allegation
of harassment or any threat of violence or harm. To the best of Entrant’s
knowledge, Entrant does not have a medical, psychological or emotional
condition that might impact upon Entrant’s health and well-being or the health
and well-being of other Entrants or any other persons involved with the
production of the Search.
(iii)
ENTRANT ACKNOWLEDGES THAT ENTRANT
HAS BEEN ADVISED THAT NONE OF THE SEARCH ENTITIES IS A “TALENT AGENCY” OR
“THEATRICAL EMPLOYMENT AGENCY,” AND THAT NONE OF THE SEARCH ENTITIES IS SO
LICENSED AS SUCH UNDER THE LAWS OF ANY STATE.
ENTRANT ALSO HEREBY ACKNOWLEDGES THAT ENTRANT HAS BEEN ADVISED THAT,
EXCEPT AS PROVIDED OTHERWISE BY LAW, NONE OF THE SEARCH ENTITIES IS PERMITTED
TO SEEK OR TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR ENTRANT, AND THAT NONE OF
THE SEARCH ENTITIES HAS AGREED TO DO SO, NOR HAS ANY SEARCH ENTITY MADE ANY
REPRESENTATIONS TO ENTRANT, EITHER ORAL OR WRITTEN, TO THE CONTRARY. ENTRANT HEREBY ACKNOWLEDGES THAT THE SEARCH
ENTITIES DO NOT HEREBY AND HAVE NOT OFFERED TO, ATTEMPTED TO, OR PROMISED TO
OBTAIN, SEEK, OR PROCURE EMPLOYMENT OR ENGAGEMENTS FOR ENTRANT WHICH WOULD
REQUIRE THE SEARCH ENTITIES, OR ANY OF THEM, TO BE LICENSED AS A “TALENT
AGENCY” OR “THEATRICAL EMPLOYMENT AGENCY,” AND THAT NO SEARCH ENTITY IS
OBLIGATED TO DO SO.
(iv) ENTRANT IS THE INDIVIDUAL PICTURED AND
HEARD IN THE VIDEO OR THE DIGITAL RECORDING THEREOF;
(v) EXCEPT FOR THE LICENSE GRANTED TO
YOUTUBE IN THE YOUTUBE TERMS OF SERVICE, ENTRANT HAS NOT GRANTED, AND WILL NOT
GRANT, ANY RIGHTS WHATSOEVER IN THE VIDEO OR THE DIGITAL RECORDING TO ANY OTHER
PERSON OR ENTITY;
(vi) HIS/HER VIDEO OR THE DIGITAL RECORDING
THEREOF DOES NOT CONTAIN ANY CONTENT THAT IS OR MAY BE LIBELOUS, SLANDEROUS,
INACCURATE, FALSE, INCOMPLETE OR POTENTIALLY DANGEROUS OR HARMFUL IN ANY WAY;
(vii) SHALL NOT MENTION OR “PLUG” ANY COMMERCIAL
PRODUCT, SERVICE, VENTURE OR THING ON OR IN CONNECTION WITH THE SEARCH OR THE
GRAMMY PERFORMANCE, INCLUDING, WITHOUT LIMITATION, THE NAME OF ENTRANT’S
EMPLOYER. ENTRANT HEREBY ACKNOWLEDGES
THAT NEITHER ENTRANT NOR ANYONE ACTING ON ENTRANT’S BEHALF IS GIVING OR
RECEIVING ANY MONIES, OR OTHER CONSIDERATION TO GET ENTRANT IN THE SEARCH OR
THE GRAMMY PERFORMANCE OR TO MENTION OR PLUG ANYTHING IN THE SEARCH OR THE
GRAMMY PERFORMANCE. ENTRANT IS AWARE
THAT PAYMENT OR ACCEPTANCE OF, OR AGREEMENT TO PAY OR ACCEPT, ANY MONEY OR
CONSIDERATION FOR THE APPEARANCE OF ANY PERSON OR MENTION OR PLUG ANY THING IN THE
SEARCH OR ON THE GRAMMY PERFORMANCE WITHOUT DISCLOSURE TO THE RECORDING ACADEMY
AND CBS BROADCASTING INC., PRIOR TO BROADCAST IS A FEDERAL OFFENSE PUNISHABLE
BY FINE AND/OR IMPRISONMENT. ENTRANT
AGREES THAT IF ANYONE MAKES OR TRIES TO INDUCE ENTRANT TO ACCEPT ANY SUCH
PAYMENT, ENTRANT SHALL IMMEDIATELY NOTIFY THE
(viii)
SHALL NOT DO ANYTHING OR CAUSE ANY THIRD PARTY
TO DO ANYTHING WHICH WOULD RIG OR IN ANY WAY INFLUENCE THE OUTCOME OF THE
SEARCH OR THE GRAMMY PERFORMANCE WITH THE INTENT TO DECEIVE THE VIEWING PUBLIC,
INCLUDING, BUT NOT LIMITED TO, TAMPERING WITH ANY VOTING SYSTEM OR
PROCESS. ENTRANT AGREES THAT ENTRANT
WILL NOT PARTICIPATE IN ANY SUCH ACT OR ANY OTHER DECEPTIVE ACT WITH RESPECT TO
THE SEARCH, NOR PERMIT ANYONE TO DO SO ON ENTRANT’S BEHALF. ENTRANT AGREES THAT IF ANYONE TRIES TO INDUCE
ENTRANT TO DO ANY SUCH ACT, ENTRANT SHALL IMMEDIATELY NOTIFY THE
(ix) If
Entrant’s Video is selected for posting on CBS.com or YouTube.com and/or GRAMMY.COM, ENTRANT understands
and agreeS that visitors to these websites may comment freely on ENTRANT’S
Video. The Search Entities shall not
have any liability to ENTRANT in connection with any such comments (which
Entrant understands may not be favorable).
Such comments may be taken into account by the Search Entities in
determining which videos submitted (including Entrant’s Video) may advance to
the next level of the Search to be voted upon by the public. ENTRANT understands and agrees that ENTRANT
shall not have any rights or claims arising from or concerning such comments.
(x) HIS/HER VIDEO: (1) IS ORIGINAL (EXCEPT WITH RESPECT TO THE
LIMITED LICENSE TO THE MUSICAL COMPOSITION GRANTED IN SECTION 4 TO ENTRANT AND
HAS BEEN LEGALLY OBTAINED AND CREATED; (2) DOES NOT CONTAIN ANY THOUGHTS,
IDEAS, MUSICAL COMPOSITIONS, SOUND RECORDINGS, AUDIO-VISUAL WORKS OR OTHER
CREATIVE ELEMENTS OR INTELLECTUAL PROPERTY OF A THIRD PARTY (EXCEPT WITH
RESPECT TO THE LIMITED LICENSE TO THE MUSICAL COMPOSITION PROVIDED BY SPONSORS,
AND EXCEPT TO THE EXTENT NECESSARY TO CONFORM IT TO THE STYLE OR MANNER OF
INTERPRETATION OF THE PERFORMANCE INVOLVED, IT BEING UNDERSTOOD AND AGREED THAT
THE ARRANGEMENT MADE SHALL NOT CHANGE THE BASIC MELODY, TITLE OR FUNDAMENTAL
CHARACTER OF THE MUSICAL WORK IN
QUESTION; (3) DOES NOT VIOLATE OR INFRINGE UPON THE INTELLECTUAL PROPERTY,
PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD
PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS; AND (4)
HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM WITH THE EXCEPTION OF THE
LIMITED LICENSE TO THE MUSICAL COMPOSITION PROVIDED BY THE SPONSORS FOR USE BY
ENTRANTS IN CONNECTION WITH THIS SEARCH;
(xi) ENTRANT understands and
agrees that if, at any time, any representation, warranty, disclosure, covenant
or agreement made by ENTRANT is found to be incorrect, incomplete, false or no
longer accurate as of the time of the BROADCAST OF THE 50TH GRAMMY PROGRAM,
or if any covenant or agreement is breached in any respect by ENTRANT, or if
ENTRANT otherwise failS to abide by any term or condition of THE OFFICIAL
SEARCH RULES or any other agreement or release entered into by ENTRANT in
connection with the Search, or for any other reason, any Search Entity may, in
its sole and absolute discretion, remove SUCH ENTRANT from the Search and/or
withhold from SUCH ENTRANT any benefits, opportunities or amenities which SUCH
ENTRANT would otherwise have been entitled to receive (including, but not
limited to, invalidating any agreements entered into by SUCH ENTRANT in
connection with the Search, at the Search Entities’ sole and absolute
discretion) and SUCH ENTRANT shall return to the appropriate Search Entity, on
demand, any benefit(s) or amenity(ies) received by SUCH ENTRANT or on SUCH
ENTRANT’S behalf. In addition, in the
event any Search Entity arranged for any travel accommodations on SUCH
ENTRANT’S behalf, and/or provided SUCH ENTRANT with any living expenses, SUCH
ENTRANT SHALL refund to such Search Entity, on demand, the value of such travel
accommodations and/or living expenses provided to SUCH ENTRANT in connection
with the Search immediately upon demand by such Search Entity. The Search Entities in their sole discretion,
may, but shall not be required to, make any explanation or announcement, on-air
or otherwise, that such Search Entity may choose as to the reason why SUCH
ENTRANT was removed from the Search, and SUCH ENTRANT shall not have any
recourse in connection therewith.
(xii) ENTRANT
IS a legal resident of the United States, at least 18 years old as of JANUARY 3,
2008 and IS the age of legal majority in ENTRANT’S jurisdiction of residency.
(xiii) ENTRANt
has not entered into any other agreement, and has not done and will not do any
act or thing which in any way prevents, hampers, conflicts or interferes with
the full and complete performance of entrant’s obligations, or the Search
Entities’ exercise of any rights which entrant has granted hereunder, or which
interferes with the rights of any third-party.
(xiv) No
other party, or any agent, representative or attorney of any other party, has
made any promise, agreement, covenant, representation or warranty whatsoever,
express or implied, which is not expressly contained herein concerning the subject
matter hereof, to induce or compel ENTRANT to enter into or perform under the
rules, or to submit a Video, and entrant acknowledges that entrant has not
entered into agreement or submitted any Video in reliance on any such promise,
agreement, covenant, representation, or warranty not expressly contained
herein.
(xv) entrant
meets all of the eligibility requirements set forth in the Rules rendering
entrant eligible to partake in the Search and to submit entrant’s Video. entrant’s Video is in full compliance with
the format and all the requirements and restrictions as set
(xvi) Although
the Search Entities, in their sole and absolute discretion, will use reasonable
efforts to ensure the integrity of any internet-based, telephonic or other
voting or tabulating system or process, entrant acknowledges that problems may
occur in connection therewith. In the
event of any problems with any such voting system(s) or process(es) used in
connection with the advancement of the Entrants in the Search and the selection
of the ultimate winner of the Search, which problems may include the partial or
total failure of the system or the misuse of the system by participating voters
or others, the Search Entities nonetheless shall have the right to determine
the advancement of Entrants and/or the selection of the winner of the Search in
their sole discretion. Accordingly, entrant
agrees to accept the decision of the Search Entities in all such matters as
final and binding.
(xvii) entrant
has voluntarily agreed to participate as an Entrant. entrant agrees to follow all rules,
directions and instructions in all matters relating to the Search (including
the OFFICIAL search Rules themselves, along with Entrant selections and
decisions regarding the creation and implementation of terms, conditions and
rules governing the Search). entrant
further acknowledges and agrees that all Search rules are subject to change by the
Search Entity having control over such matters, in such Search Entity’s(ies’)
sole and absolute discretion, at any time including, without limitation, while
entrant is participating as an Entrant, and that such decision(s) on all
discretionary matters (including, but not limited to, Entrant selection, song
selection, the amount of exposure each Entrant may or may not receive in
connection with the Search, and the manner in which the Search is produced)
shall be final and binding upon entrant.
In addition, if any activity in connection with the Search is suspended
or halted for any reason, entrant shall abide by the applicable Search Entity’s
decision regarding the resumption of the activity and the disposition of any
benefit(s) or amenities. entrant understands
that the Search Entities reserve the right, in their sole discretion, to
change, and to delete from, modify or amend the OFFICIAL search Rules and any
other terms, conditions and rules affecting the conduct of the Entrants in the
Search, the Search activities, the elimination of Entrants from the Search and
the granting of any benefit(s) or amenity(ies) in connection with the
Search. Any actual or alleged
consequences of entrant’s following such rules, directions and instructions
shall be included within the matters released and indemnified herein. For the avoidance of doubt, entrant hereby
acknowledges and agrees that all decisions by the Search Entities on each and
every aspect of the Search including, without limitation, concerning the
selection of all Videos submitted to be posted on the youtube site, the cbs
site, the grammy site or any other site selected by the search entities, and in
connection with all other selections during the Search (including, without
limitation, the selection of the individual who may have the opportunity to
potentially perform during the broadcast of the 50th GRAMMY program
are binding and final and are not subject to challenge or appeal. entrant hereby acknowledges that the
interests of the Search entities shall override those of any entrant in the
Search. entrant acknowledges that
entrant always has the option to discontinue entrant’s participation in the
Search (or any element thereof) and to withdraw as an Entrant at any time. entrant understands that if entrant elects to
withdraw from the Search, then entrant can no longer participate in the 50th
GRAMMY program (if at all) and/or the Search, and entrant will forfeit ENTRANT’S
(xviii) ENTRANT GRANTS TO THE SEARCH ENTITIES THE
RIGHT TO USE HIS /HER NAME AND LIKENESS AND RELEASES THE SEARCH ENTITIES FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND
EXPENSES ARISING OUT OF, OR RESULTING FROM, ENTRANT'S PARTICIPATION IN THE
SEARCH, ENTRANT'S PERFORMANCE, IF ANY, IN THE GRAMMY PERFORMANCE AND/OR TRAVEL
TO AND FROM THE 50th GRAMMY EVENT AND 50th GRAMMY PROGRAM
.
(b) (i) hereby
acknowledges and agrees that the Video (excluding the underlying musical
composition), and all recordings or videos made or submitted in connection with
the Search (together with all reproductions derived therefrom and the
performances embodied thereon) shall, as a condition of the limited license to
the musical compositions provided to Entrant to make the Video, and from the
inception of creation, be the owned by the Recording Academy and its designees throughout the universe,
free from any claims whatsoever by the applicable Entrant or any other person
or entity; and The Recording Academy and its designees shall have the exclusive
right to copyright the Video and such materials in The Recording Academy’s name
as the sole owner and statutory author thereof, and to secure any and all
renewals and extensions thereof throughout the universe. Each such Video and all such materials shall
be deemed a “work for hire” owned by The Recording Academy or its
designees. If for any reason, such Video
and/or such materials are determined not to be “works for hire” for The
Recording Academy, then all right, title and interest therein and thereto,
including all copyrights therein, are hereby deemed irrevocably transferred to
The Recording Academy or its designee, and The Recording Academy hereby is
irrevocably authorized, empowered and appointed as such Entrant’s true and
lawful attorney-in-fact to execute in such Entrant’s name any and all documents
and/or instruments regarding the rights of The Recording Academy in the Video
and such materials as may be necessary or desirable to accomplish the
foregoing, such power of attorney being coupled with an interest and
irrevocable; and
(ii) irrevocably
licenses to the Sponsors and their affiliates, legal representatives, assigns,
agents and licensees, on a perpetual, worldwide, royalty-free, non-exclusive,
sublicensable, unconditional and transferable basis, the right to reproduce,
encode, store, modify, copy, transmit, publish, post, broadcast, display,
publicly perform, adapt, exhibit and/or otherwise use or reuse (without
limitation as to when or to the number of times used), the Entrant's name,
address, image, voice, likeness, statements, biographical material and Audition
Entry materials, including, but not limited to, the Video or digital recording
and performances contained in any of the above items, and all recordings or
videos made or submitted in connection with the Search ("Audition Entry
Materials"), as well as any additional photographic images, video images,
portraits, interviews or other materials relating to the Entrant and arising
out of his/her participation in this Search (with or without using the
Entrant's name) (collectively, the "Additional Materials") (in each
case, as submitted or as edited/modified in any way, whether by the Sponsors,
their licensees, or assigns, in the Sponsors' sole discretion) in any media, format
or medium throughout the world for any purpose, without limitation, and without
additional review, compensation, or approval from the Entrant or any other
party, except as prohibited by law;
(c) understands that Entrant’s appearance,
actions, depiction and/or portrayal in Entrant's Audition Entry Materials or
Additional Materials and Entrant's portrayal on the GRAMMY Performance, and in
any promotion thereof, may be disparaging, defamatory, embarrassing or of an
otherwise unfavorable nature and may expose Entrant
to public ridicule, humiliation or condemnation. Entrant acknowledges and agree that the
Sponsors shall have the right to include any such information and any such
appearance, depiction, portrayal, actions and statements in Entrant’s Video,
Audition Entry Materials, Additional Materials and/or Entrant’s performance in
the GRAMMY Performance as edited by Sponsors and/or other Search Entities in
their sole discretion. Entrant forever waives any rights of privacy, rights of
publicity, intellectual property rights, claims of defamation, and any other
legal or moral rights that may preclude Sponsors' and/or other Search Entities'
use of the Entrant's Audition Entry Materials or Additional Materials, or
require the Entrant's permission for Sponsors or other Search Entities to use
them for any purpose, and releases and agrees never to sue or assert any claim
against the Sponsors or other Search Entities arising out of use of those
Audition Entry Materials or Additional Materials or otherwise;
(d) acknowledges and agrees that (i) Sponsors
have 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
Audition Entry Materials in theme, idea, plot, format, characters and/or other
respects; (ii) Entrant will not be entitled to any compensation or other
consideration because of the use by Sponsors of any such similar or identical
material, ideas and/or concepts; and (iii) Sponsors' use of material containing
elements similar to or identical with those contained in the Audition Entry
Materials or any Video shall not obligate Sponsors to negotiate with nor
entitle Entrant to any compensation or other claim;
(e) WILL INDEMNIFY AND HOLD THE SEARCH
ENTITIES, FOO FIGHTERS, FOO FIGHTERS, LLC, AND EACH OF THEIR RESPECTIVE AFFILIATES,
OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, EMPLOYEES,
GOVERNORS, TRUSTEES, AND VOLUNTEERS, AND THEIR successors and assigns, COLLECTIVELY, THE "SEARCH
INDEMNITEES", HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, EXPENSES, COSTS
(INCLUDING REASONABLE ATTORNEYS' FEES) AND LIABILITIES (INCLUDING SETTLEMENTS),
BROUGHT OR ASSERTED BY ANY THIRD PARTY AGAINST ANY OF THE SEARCH INDEMNITEES
ARISING OUT OF OR IN CONNECTION WITH (A) ANY AUDITION ENTRY MATERIALS OR
ADDITIONAL MATERIALS (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS OF
THIRD PARTIES, WHETHER OR NOT GROUNDLESS, BASED ON THE SUBMISSION OF SUCH OTHER
MATERIAL); (B) ANY BREACH BY ENTRANT OF ANY WARRANTY, AGREEMENT OR REPRESENTATION
CONTAINED IN THE OFFICIAL SEARCH RULES OR TERMS OF SERVICE OR IN ANY
DOCUMENTATION SUBMITTED BY ENTRANT, INCLUDING BUT NOT LIMITED TO THE RELEASE;
(C) ENTRANT'S CONDUCT DURING AND IN CONNECTION WITH THIS SEARCH INCLUDING
DURING THE GRAMMY PERFORMANCE, if any,
INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY TRADEMARK, COPYRIGHT, OR
OTHER INTELLECTUAL PROPERTY RIGHTS, RIGHT OF PUBLICITY, RIGHT OF PRIVACY OR
DEFAMATION; OR (D) THE ACCEPTANCE OF ANY BENEFIT OR AMENITY PROVIDED IN
CONNECTION WITH THE SEARCH;
(f) ENTRANT ACKNOWLEDGES THAT THERE IS A
POSSIBILITY THAT, AFTER AGREEING TO THE TERMS HEREIN ENTRANT MAY DISCOVER FACTS
OR INCUR OR SUFFER CLAIMS WHICH WERE UNKNOWN, UNDISCOVERED OR UNSUSPECTED BY
ENTRANT AT THE TIME AND WHICH, IF KNOWN, DISCOVERED OR SUSPECTED BY ENTRANT AT
THAT TIME, MAY HAVE MATERIALLY AFFECTED ENTRANT’S DECISION TO AGREE TO THE
TERMS HEREIN. ENTRANT ACKNOWLEDGES AND
AGREES THAT BY REASON OF ENTERING THE SEARCH, AGREEING TO THE GENERAL RELEASE
CONTAINED HEREIN AND EXECUTING ANY RELEASE OF LIABILITY, ENTRANT IS ASSUMING
ANY AND ALL RISKS OF KNOWN OR UNKNOWN, DISCOVERED OR UNDISCOVERED, SUSPECTED OR
UNSUSPECTED FACTS AND CLAIMS; AND
(g) agrees to execute any documents or take
any further action required by The Recording Academy to effectuate the grant of
copyrights and other agreements made by each Entrant in these Official Search
Rules. In addition, and at The Recording
Academy's request, each Entrant agrees to execute documents that assigns to The
Recording Academy all rights, title, interest and copyright in and to his/her
Video.
8. GENERAL:
The Sponsors make no warranties, express
or implied, in fact or in law, relative to the use or enjoyment of any benefit
or amenity in connection with the Search, including, without limitation, its
quality, merchantability or fitness for a particular purpose.
Sponsors, at their sole discretion,
reserve the right to edit, cut, copy, reproduce, rearrange, change, add to,
delete from, translate, dub, adapt or otherwise revise and/or alter any Video
or blur or distort any person, place or item in the Video. Each Entrant hereby waives any moral rights
or so-called droit moral in and to
his/her Video and the performance contained therein and each ENTRANT hereby IRREVOCABLY releases EACH OF the SPONSORS AND
THE SEARCH ENTITIES FROM any liability or cause of action related to editing,
cutting, copying, reproducing, rearranging, COMMENTING, changing, adding to,
deleting from, translating, dubbing, adapting or otherwise revising and/or
altering THE Video or blurring or distorting any person, place OR ITEM depicted
in THE Video or any DISPLAY THereof.
ENTRANT
UNDERSTANDS THAT THE RELEASE OF LIABILITY WILL PROHIBIT Entrant AND OTHERS DERIVING RIGHTS FROM
Entrant FROM BRINGING ANY LAWSUIT
OR OTHERWISE ASSERTING ANY RELEASED CLAIM WITH RESPECT TO THE SEARCH AND ALL
MATTERS COVERED BY THIS RELEASE OF LIABILITY.
The Sponsors are not responsible for: (i)
any typographical errors in these Official Search Rules or the advertising,
promotion of the Search; (ii) any kind of electronic, hardware, software or
technical problems caused by the Sponsors, the user or by any of the equipment
or programming associated with or utilized in the Search; or (iii) any human error which may occur in
the processing of the Audition Entries in the Search or selection of the
Quarterfinalists, Semifinalist, Finalists or the Winner or which may limit any
Entrant’s ability to participate in the Search.
If the Search becomes compromised,
hampered, interrupted, not capable of running as planned, or rendered
impossible of performance in any way, Sponsors reserve the right, in their sole
discretion, to cancel, suspend or withdraw the Search, without notice, and, if
possible, select the Winner from all Audition Entries received for the Search
prior to or after the cancellation, suspension, reschedule or withdrawal. Votes submitted by Public Voters online generated
by script, macro or other automated means or with the intent to undermine the
integrity of the voting process will be void.
Each Entrant will not knowingly damage or
cause interruption to the Search and/or prevent others from participating in
the Search. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SEARCH VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS
MADE, SPONSORS MAY DISQUALIFY ANY PARTICIPANT OR FINAL VOTER MAKING SUCH
ATTEMPT AND SPONSORS MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsors reserve the right to change the
rules and procedures at any time.
Foo Fighters is
currently scheduled to perform during the 50th GRAMMY Event; however, if Foo
Fighters is unavailable for any reason, Sponsors will attempt to substitute
another performer in his place. In the
event a substitute performer is not found, Sponsors will have no obligation to
bestow upon the Winner any of the benefits or amenities otherwise to be
accorded the Winner; but, Sponsors will announce the name of the Finalist
selected as the Winner of the Search.
Broadcasts of the 50th GRAMMY Program are
subject to preemption and schedule changes. Viewers should check local
television listings for broadcast dates/times in their area.
9. DISPUTES; GOVERNING LAW AND
NOTICE OF BINDING ARBITRATION:
Except where prohibited, as a condition
of participating in this Search, Entrant agrees that any and all disputes which
cannot be resolved between the parties, claims and causes of action arising out
of or connected with this Search, or any benefit or amenity in connection
herewith, or the determination of Winner shall be resolved individually,
without resort to any form of class action.
Further, in any such dispute, under no circumstances will Entrant be
permitted to obtain awards for, and hereby irrevocably waives all rights to
claim punitive, incidental or consequential damages, or any other damages,
including attorneys' fees, other than Entrant's actual out-pocket expenses
(e.g., costs associated with entering this Search), and Entrant further waives
all rights to have damages multiplied or increased. In no event, shall Entrant
be entitled to seek or obtain equitable or injunctive relief of any form or
nature.
All issues, questions and rights and
obligations of an Entrant in connection with this Search shall be governed by,
and construed in accordance with, the laws of the State of New York, U.S.A.,
without giving effect to the conflict of laws rules thereof and any matters or
proceedings which are not subject to arbitration as set forth in these Official
Search Rules and/or for entering any judgment on an arbitration award, shall
take place in the State of New York, County of New York.
The
parties waive rights to trial by jury in any action or proceeding instituted in
connection with these Official Search Rules and/or this Search. Any controversy
or claim arising out of or relating to these Official Search Rules and/or this
Search shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in the State of
10. PRIVACY:
By entering the Search, Entrant agrees to YouTube's and CBS's use of his/her personal information, as described in the applicable YouTube Privacy Policy, located at http://www.youtube.com/t/privacy , and the applicable CBS.com Privacy Policy, located at http://www.cbs.com/info/user_services/pol_privacy.shtml. The personal information collected from Entrants by the Sponsors may be shared with The Recording Academy, subject to the applicable The Recording Academy privacy policy, located at http://www.grammy.com/Privacy/,
11. WINNER'S
LIST:
To receive the
name/home town of the Finalists and the Winner (available after February 10,
2008), send a self-addressed, stamped envelope before March 11, 2008 to My
GRAMMY Moment 2008 Winner, c/o CBS Interactive Inc.,