Revised 01.19.10
YOBI, LLC 2009-2010 Season YOBI.tv “Make the Cut” Official Contest Rules
VOID WHERE PROHIBITED BY LAW. ALL DATES, TIME PERIODS, NUMBERS OF CONTESTANTS, NUMBERS OF ELIMINATED CONTESTANTS, NUMBERS OF VOTING SESSIONS, AND NUMBERS OF ELIMINATION ROUNDS ARE TENTATIVE AND SUBJECT TO CHANGE PRIOR TO THE START OF EACH ROUND. WHILE ENTRANTS ARE NOT REQUIRED TO RESIDE IN THE STATE OF MICHIGAN, USA, EACH ENTRANT IS REQUIRED TO BE PRESENT AT THEIR SCHEDULED FILM DATES FOR “Make the Cut” AT STUDIOS LOCATED IN SOUTHEAST MICHIGAN, USA.
The YOBI, LLC, YOBI.tv Make the Cut ("MTC") CONTEST ("Contest") consists of an open Submission period ("Submissions"), Auditions rounds ("Auditions"), and a Final Eliminations round ("Eliminations"). The Contest is sponsored by YOBI, LLC. ("YOBI.tv"), P.O. Box 250070, West Bloomfield, Michigan, USA, 48325 ("Sponsor") and is hosted by www.yobi.tv (the "Website").
From time to time, YOBI.tv may sponsor additional contests or contest channels in which the dates and rounds may differ from the typical YOBI.tv Season pattern. Those contests and applicable dates will be announced and clearly explained on the aforementioned contest channels. In these cases, all other Official Rules contained within this Agreement, other than the potential changes as stated in this paragraph, will apply.
These Official Contest Rules ("Official Rules") shall be binding on any Contest applicant ("Entrant") when such Entrant makes any submission to Sponsor. Entrant understands that they are also subject to the Website Terms and Conditions. In the event of any conflict between these Official Rules and the Website Terms and Conditions, the Website Terms and Conditions shall apply. If any Entrant does not agree to be bound by these Official Rules or to the Terms and Conditions, their only recourse is to discontinue use of the Website and to not enter the Contest.
I. ELIGIBILITY: Contest is open to legal residents of the United States and all countries with diplomatic relations with the United States who, at the time of registration, are 18 years of age or older (as required by Sponsor) (each an "Entrant"). Each Entrant must have completed a registration for the Website, assented to the Website Terms and Conditions, and have reasonable access to the internet and capability to submit to Sponsor a Contest Video Submission, Written Submission, Pictorial Submission, Photographic Submission, Graphical Submission, or other Submission as required by Sponsor ("Submission"). Each Entrant must submit a Submission and must be the rightful owner (or have authorized use) of the e-mail address identified in the Submission. In the event of a dispute as to the identity of any Entrant, the Entrant will be deemed to be the natural person in whose name the e-mail account associated with the provided e-mail address registered. Employees, shareholders, officers, directors, agents, and representatives of YOBI (collectively, "Contest Entities") and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Contest. Contest void where prohibited by law and outside of the United States, and for countries without diplomatic relations with the United States.
Should any Entrant or his/her Submission violate these Official Rules, the Website Terms and Conditions in any manner whatsoever, Sponsor reserves the right to disqualify said Entrant and replace him/her with an alternate eligible Entrant selected from among the remaining eligible Entrants. Notwithstanding the foregoing and these Official Rules, Sponsor reserves the right, in its sole discretion, to select any Entrants for any of the rounds.
II. HOW TO ENTER: During Submissions, Entrants may enter in the Contest by logging on to the MTC Contest web page located at http://www.yobi.tv/. As a prerequisite to each Entrant's eligibility to participate, each Entrant must pay a Submission fee of $0 per each submission, for the 2009-2010 MTC contest season, payable in accordance with the Website Terms and Conditions. This is a promotional submission rate fee and YOBI.tv reserves the right to change this fee, at any time, and shall clearly post the submissions fee on the sites. Each Entrant, among other things, attests that he/she has read, or has had read to him/her and understands, these Contest Official Rules ("Official Rules") and agrees to be bound by the terms and all applicable conditions of the Contest set forth in these Official Rules and the Website Terms and Conditions. It is intended that each YOBI.tv contest channel is a separate category or talent and Sponsor reserves the right to remove any contest entry, for any reason, or as not deemed appropriate for the contest.
SUBMISSIONS WITHOUT PROPER REGISTRATION AND CONSENT TO RELEASE FORMS WILL BE DECLARED INELIGIBLE FOR PARTICIPATION AND WILL NOT BE VIEWED.
By submitting a Submission, each Entrant shall be deemed to represent and warrant the Submission does not violate any copyright, trademark, service mark, or other intellectual property right and shall indemnify, defend and hold harmless the Sponsor from and against any claims or liabilities with respect thereto.
ALL SUBMISSIONS MUST BE SOLELY THE WORK OF THE ENTRANT AND SHALL NOT INCORPORATE ANY MATERIAL OF WHICH THE ENTRANT IS NOT THE AUTHOR OR CREATOR, OR SHALL BE REMOVED FOR COPYRIGHT OR TRADEMARK INFRINGEMENT VIOLATION.
Submissions must be submitted in the formats as provided in the instructions for each round on the Website. No other formats will be accepted for participating in the Contest and/or on-air use. Submissions may not contain nudity, profanity, obscene gestures or any depiction of real or simulated sexual acts, violence or any illegal acts or written descriptions thereof and Sponsor reserves the right to reject Submissions for any reason. All Submissions submitted become the property of Sponsor and may be telecast with any YOBI program and/or on the Website and may not be acknowledged or returned.
YOBI.tv CHANNELS ARE RATED TV13.
Sponsor may determine if a contest entry is in violation of this rating system and to remove any contest entry in accordance with these and all contest rules.
Sponsor will make every effort to screen and remove content that violates this policy. If you experience something on any YOBI.tv channel that you feel violates this policy or our TV13 rating, please report your experience to us immediately at reportabuse@yobi.tv.
ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
III. RULES ARE BINDING: Participation in the Contest constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules or in violation of the Website Terms and Conditions. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
IV. ODDS: Odds of winning the Contest will depend on the nature, quality and quantity of Entries submitted as determined by the Sponsor and the registered voters of the Website.
BETTING OR WAGERING ON THE OUTCOME OF THIS CONTEST IS STRICTLY PROHIBITED AND ANY SUCH BREACH WILL RESULT IN DISQUALIFICATION.
V. THE CONTEST.
A. OPEN SUBMISSION PERIOD: YOBI.tv is currently accepting Submissions for the MTC Contest featured on www.yobi.tv. YOBI.tv reserves the right to limit the number of total Submissions at any time.
During the Submissions period of MTC, the Entrant is eligible to participate in the YOBISing Contest. If the Entrant is chosen to advance in the MTC Contest, the Entrant will become ineligible for the YOBISing contest. If, at any time during the MTC Contest, the Entrant is eliminated from the MTC contest, the Entrant will again become eligible for the YOBISing contest. Any current YOBISing Semifinalists are not eligible to participate in MTC.
Entrants may submit one Submission to the MTC Contest. Completed and eligible Submissions will be reviewed by a panel of industry judges at YOBI.tv. It is currently anticipated that approximately 60 to 120 Entrants will be chosen, based on vocal talent, to move forward to the Auditions round of the MTC contest. Submissions may not contain copyrighted material.
B. SEMIFINALS ROUNDS: It is currently anticipated that the Semifinals round will follow the Submissions round and begin in February, 2010. The Entrants chosen for the Semifinals round will be known as the MTC semifinalists ("Semifinalists"). The Entrants chosen as Semifinalists will be notified via the email provided upon registration on YOBI.tv that they have been chosen to move forward to the Semifinals round.
It is anticipated that each Semifinalist will participate in weekly elimination singer-songwriter challenges. Each Semifinalist is required to have access to a functional webcam throughout the entire series.
Each Semifinalist will be given each new challenge at least one week prior to the due date and must be able to fully participate in order to claim their position as a Semifinalist. The singer-songwriter challenges may include but are not limited to: a cappella solo, additional Semifinalist original song, and lyric challenges for specified music. It is currently anticipated that the Semifinalists will be featured in randomly selected groups each week throughout the Semifinals rounds.
Voting will be open to all YOBI.tv members for those Semifinalists during the time period in which the semifinalists are featured. YOBI.tv members may vote for any Semifinalist one time per round. It is anticipated that following the Semifinalist audition rounds, the votes from all rounds will be combined. The 12 Semifinalists with the highest number of total votes will move forward as Finalists.
It is anticipated that the announcement of the Finalists will be taped, as a show, in approximately May, 2010, featuring Matt Giraud as the host, for distribution on YOBI.tv and potentially other networks. All Semifinalists will be notified at least one week prior to the date of this film shoot and must be able to participate in a live webcam interview in order to claim their position as a Finalist.
C. FINALS ROUND: The Finals Round will be held after the conclusion of the Semifinals Round. The Finals Round ("Finals") will consist of the twelve Finalists chosen during the Semifinals who will compete for the Grand Prize. Each Finalist will be notified of the Final Round date as soon as practicable after the conclusion of the Semifinals. It is anticipated that immediately following the announcement of the Finals show that the voting of Finalists will commence.
It is anticipated that each Finalist will participate in scheduled interviews, via webcam, with host Matt Giraud. It is currently anticipated that all interviews will be filmed consecutively, commencing in approximately May, 2010, and will feature additional original songs of the Finalists, for distribution on YOBI.tv and potentially other networks. Each finalist will be notified of the precise dates and times as soon as practicable.
It is anticipated that the Finals will be hosted by Matt Giraud and that the Finalists will participate in semi-weekly personal interviews, via webcam, as Matt Giraud will critique their Submissions. It is also anticipated that the Entrants will have the opportunity to upload improved versions of their Submissions as voting continues. It is further anticipated that the Finalists will be required to Submit up to three additional Submissions during the Finals Round.
It is anticipated that voting will be open to all YOBI.tv members for those Finalists during the time period in which their Finals interviews are featured. Complete Final Round rules will be provided to each Finalist and prominently displayed on YOBI.tv and other distribution networks as soon as practicable.
VI. GRAND PRIZE: It is anticipated that the Finalist who has received the highest number of votes in the Finals will cut at least one recording, with the guidance of host Matt Giraud, in professional studios located in southeast Michigan. It is anticipated that YOBI.tv will produce the recorded material. Continued details of the Grand Prize will be featured as soon as practicable.
It is also anticipated that the Grand Prize winner will record their winning Submission(s) in a professional recording studio for distribution by YOBI.tv and may be required to perform their winning Submission(s) in public venues. It is anticipated that YOBI.tv will provide one air transportation voucher for a value of up to $500.00 US dollars, hotel accommodations, and ground transportation during the time period(s) for these recording(s) and appearances.
A. ELIMINATED FINALISTS: Each eliminated Finalist may be awarded a special prize to be announced prior to the commencement of the Finals round.
B. PRIZE FULFILLMENT. The award of any Prize is subject to verification by Sponsor. No assignment or transfer of any prize or other substitution is permitted except at Sponsor's sole discretion. Prize Winners will be required to provide Sponsor with his or her social security number or other tax identification number for tax purposes within the U.S. or pursuant to International law. All applicable U.S. federal, state, local and international taxes, duties, or other taxes or fees (if any) are the sole responsibility of each winner and Sponsor may issue Form 1099 for U.S. Citizens. Except as otherwise stated in these Official Rules, all trademarks and logos used in connection with the stated prizes are the property of third parties who are neither associated with nor endorse this Contest.
VII. DECISIONS OF SPONSOR; NOTIFICATION GENERALLY: All decisions of Sponsor are final and binding. The Prize Winning Submissions will be posted on the Website pursuant to the schedule set forth herein. Sponsor shall not be responsible or liable for its failure to contact potential winners. A potential winner who fails to notify Sponsor with any complaint or problem within three (3) days after winner's Submission is posted on the Website forfeits their right to do so.
VIII. AFFIDAVITS/RELEASES: If required by Sponsor, the Finalists may be required to sign and return additional releases of liability, declaration of eligibility, and where lawful, a publicity consent agreement, all within three (3) days of the winning Submission posting on the Website, unless prohibited under applicable law. Moreover, in consideration for Prizes, the Prize Winners will be required to enter into the following agreements with Sponsor and/or Sponsor's designee(s), the terms of which shall be subject to good faith negotiation: (a) a mutually acceptable agreement for the management and distribution of the Finalists career or pursuit of progress in direct relation to the prize winning submission (including, but not limited to; inventions or innovation, acting, singing, songwriting, instrumental music, film, dance, writing for any media, culinary arts, pet acts, comedy act, acting, art or photography, video game invention, or other services as participated); and (b) an agreement for the use of Entrant's name, voice, conversation, likeness and biography in connection with sponsorships, advertising, endorsements, and/or merchandising.
IX. RIGHTS IN SUBMISSIONS: By submitting a Submission for this Contest, each Entrant hereby grants to the Contest Entities the non-exclusive, fully paid, worldwide license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete or display such Submission, or any portion thereof, in any media now known or hereafter devised including, but not limited to YOBI.tv Websites and the Contest telecasts for promotional purposes of the YOBI.tv Websites and not for the sale or distribution of the talent or work of the submitter. Each Entrant authorizes the Contest Entities, and any entities affiliated with the Contest Entities, to utilize on a non-exclusive basis, for eternity and in any manner the Contest Entities see fit, the Submission submitted to Sponsor, and to make derivative works from such materials for promotional purposes of the YOBI.tv Websites and not for the sale or distribution of the talent or work of the submitter. Each Entrant agrees that the results and proceeds of such use shall become the property of Sponsor and/or Sponsor's licensees, and shall be freely assignable by Sponsor, and that Sponsor and its assignees and licensees shall have no obligations whatsoever to Entrant. Each Entrant releases the Contest Entities, and their assignees and licensees, from any and all claims or liability (now known or hereafter arising), including but not limited to any claims for defense and/or indemnity, in connection therewith. Each Entrant agrees and acknowledges that participation in the Contest shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, and that the only contract, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the Website Terms and Conditions.
X. RIGHTS OF SPONSOR / DISCLAIMER OF LIABILITY: Sponsor shall have the right and sole discretion to edit, to refuse to air or cease to air any Submission whatsoever which it finds to be in violation of the provisions hereof, or which it finds in its sole discretion to be otherwise objectionable for any reason, including with respect to broadcast standards and practices and other program policies. Sponsor also reserves the right to replace the Prize Winning Submissions with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest. Sponsor also reserves the right, in its sole discretion, to close the Entry Period at any time and/or to cancel, terminate, modify, or suspend the Contest for any reason, including, but not limited to, computer virus, hardware, or software failure, human intervention violating these rules, or acts of God. In the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsor. Sponsor also reserves the right to release any Prize Winner from Section VIII (a) or VIII (b) of this Agreement.
THE CONTEST IS VOID WHERE PROHIBITED.
The opinions expressed in the Submissions are not necessarily (and in some cases not at all) those of the Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided in the Submissions transmitted on the Website or on the Contest telecast. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submissions. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Any attempt by any person to undermine deliberately the legitimate operation of the Contest is a violation of the Official Rules and may be a violation of law. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such individual or organization to the fullest extent permitted by law. Sponsor is not responsible for the content or practices of third party Web sites that may be linked to the YOBI.tv websites. This site may also be linked to Web sites operated by companies affiliated with Sponsor. Visitors to those sites should refer to each site's separate privacy policies and practices.
XI. WARRANTY: It is an express condition of submission and eligibility that each Entrant warrants and represents that Entrant's Submission is solely owned by Entrant and solely created by Entrant for the purpose of entering this Contest, and that no other party has any rights or interest in the Submissions. Entrant further represents and warrants that the Submissions and any use thereof by the Contest Entities, and each of their respective parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
XII. INDEMNITY: The Contest may also be promoted by a third party or parties (each a "Promotional Partner," collectively "Promotional Partners"). Entrant shall indemnify and hold harmless the Contest Entities, any Promotional Partners, and each of their respective parents, affiliates, successors, assigns and licensees, and each of their respective employees, shareholders, officers, directors, agents and representatives from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys' fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach, of any of Entrant's representations, warranties or obligations herein.
XIII. GENERAL TERMS AND CONDITIONS: By participating, each Entrant agrees that the Contest Entities and each of their respective agents, representatives, parent companies, affiliates, subsidiaries and legal advisors, and each of their respective employees, shareholders, officers, and directors are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Contest Entities that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsor reserves the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest, or the rights and obligations of Entrants and the Contest Entities in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Michigan.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest.
SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
XIV. WINNERS/OFFICIAL RULES: All winners will be announced on the Website at the end of the Contest. All Winners will be determined within 30 days after the end of the contest season. These Official Rules will be posted on the Website, and may be printed at any time.
