Terms and Conditions of Participation
in
Dew Circuit Breakout
1. Overview: The Dew
Circuit Breakout is a battle of the bands challenge sponsored by MTV
Networks, a division of Viacom International Inc. ("MTVN"),
and Mountain Dew ("MD"), and together with MTVN, the "Sponsors").
Over the years the Dew Circuit Breakout has helped launch the careers
of several of today’s hottest musical performers. This year the Sponsors
are teaming up to introduce a totally new Dew Circuit Breakout by providing
the public the ability to audition by creating profiles and uploading
content to show who they are and what their music sounds like (the "Auditions").
Up to twelve (12) finalists, including solo artists and bands, will
be selected from the Auditions by a panel of MTVN judges. The finalists
will then compete in three levels of elimination determined by online
voting that will lead up to the top three (3) finalists appearing live
on Dew Circuit Breakout, an MTVN produced show filmed in New
York and currently scheduled to take place on December 8, 2007, wherein
the Dew Circuit Breakout winner will be announced.
2. Entry Period: The
Audition entry period commences at 12:00:01 AM (ET) on September 10,
2007 and ends at 11:59:59 PM (ET) on September 30, 2007 (the "Entry
Period"). All Audition entries must be received by 11:59:59 PM
(ET) on September 30, 2007. On or about October 1, 2007 MTVN judges
will select twelve (12) finalists from all entries received (the "Top
Twelve Finalists"). Commencing on October 1, 2007 and ending on
December 8, 2007, based on the schedule below, (the "Online Voting
Periods") viewers will vote to determine the top finalists and
the Dew Circuit Breakout winner from the Top Twelve Finalists. The Online
Voting Periods and the Entry Period will be hereinafter defined as,
the "Audition Period"). Online Voting Periods will begin
at 12:00:01 PM (ET) and end on 11:59:59 PM (ET) on the following days,
with the exception of Voting Period 3. The end time on December 8, 2007
for Voting Period 3 will be posted that day at dewcircuit.mtv2.com.
Online
Voting Periods
Voting Period 1 - To select
the top six (6) finalists (the "Top Six Finalists") October
1, 2007 - October 28, 2007
Voting Period 2 - To select
the top three (3) finalists (the "Top Three Finalists") October
29, 2007 - November 18, 2007
Voting Period 3 - To select
the one (1) Dew Circuit Breakout winner (the "Winner") November
19, 2007 – December 8, 2007
SEE REVISED ONLINE VOTING
PERIODS
The Top Twelve Finalists along
with the Top Six Finalists and the Top Three Finalists will be collectively
referred to as (the "Finalists’).
3. Eligibility: You must
be a legal resident of the 50 United States and be at least 18 years
of age to participate in Auditions. If 18 is not the age of majority
in the jurisdiction in which you reside, you must obtain parental or
legal guardian consent to be eligible to participate in Auditions.
Entrants can participate on an individual basis (the "Solo Artist"
or "Solo Artists") or as a member of a band of more than
one (1) individual (the "Band" or "Bands" and,
together with the Solo Artist or Solo Artists, the "Entrant"
or "Entrants"). Bands are permitted to participate
provided that one participating member of Band is designated as the
main contact (the "Leader"). Entrants must also be
amateur musicians and must not be, during the Audition Period or at
time of participation in any Events (as hereinafter defined), a party
to any agreement with any record label, production company, publishing
company or any third party that might interfere with Entrants participation
in the Auditions. Entrants cannot participate in Auditions if they are,
or have an immediate family member ( parent, spouse, children, siblings,
grandparents, step parents, step children and step siblings) employed
by MTVN or MD, and their respective affiliated companies, sponsors,
subsidiaries, advertising agencies and third party fulfillment agencies.
By participating in these Auditions, Entrants: (a) agree to be bound
by these Terms and Conditions and by the interpretations of these
Terms and Conditions by MTVN, and by the decisions of MTVN, which are
final in all matters relating to these Auditions; (b) to release and
hold harmless Sponsors and their respective agents, employees, officers,
directors, successors and assigns, against any and all claims, injury
or damage arising out of or relating to participation in these Auditions
or Events (as hereinafter defined) and for any claims based on publicity
rights, defamation, invasion of privacy, copyright infringement, trademark
infringement or any other intellectual property related cause of action;
and (c) acknowledge compliance with these Terms and Conditions.
MTVN reserves the right, in its sole discretion, to disqualify any Entrant
who is under a third party agreement which MTVN deems as contradictory
to the nature of these Auditions.
MTVN assumes no responsibility
for any internal disputes among members of Bands with regard to the
material submitted, collective interests in any intellectual property
or any other internal disputes among the individuals and/or entities
that have collective interest in any Submission Material (as hereinafter
defined). Such disputes will not be resolved by MTVN. In the event that
any such dispute interferes with the operation of these Auditions or
any Events, Entrants and, when applicable, each Band member, may be
disqualified.
4. To Enter:
Solo
Artists: Log onto dewcircuit.mtv2.com, a web site owned and operated
by MTVN, (the "Web Site") at any time during Entry Period
and electronically agree to the terms of use of the MTVN Terms of
Use, Privacy Policy and User Content Submission Agreement
and follow the online instructions to complete all required fields to
register and create an account (the "Account") on the Web
Site. Follow instructions to opt-in to Audition and upload: (i) a written
bio about your musical background; (ii) a video of you performing or
a video that otherwise describes you as a performer, in the following
formats: mpg, mpeg, Wmv, MP4, and .mov; (iii) an audio file of up to
ten (10) original songs performed by you in one of the following formats
mp3 or Wma; and (iv) a still photograph of you in jpg format.
Bands:
The member of the Band designated as main contact ("Leader")
must log onto Web Site at any time during Contest Entry Period and electronically
agree to the terms of use of the MTVN Terms of Use, Privacy
Policy and User Content Submission Agreement and follow
the online instructions to complete all required fields to register
and create an Account for the Band on the Web Site. Follow instructions
to opt-in to Audition and upload: (i) a written bio about the Band’s
musical background; (ii) a video of the Band performing or a video that
otherwise described the Band as performers: in the following formats:
mpg, mpeg, Wmv, MP4 and .mov; (iii) an audio file of up to ten (10)
original songs performed by Band in one of the following formats: mp3
or Wma; and (iv) a still photograph of Band in jpg format. Leader must
include the name of all Band members when creating Account for Band.
All members of Band must agree to the terms of these Official Rules
and the MTVN Terms of Use, Privacy Policy and User
Content Submission Agreement in order for Band and each member of
Band to be eligible to participate in Auditions.
All contents of submissions
will be referred to as ("Submission
Material" or "Submission Materials"). Incomplete or
inaccurate entries are void.
In addition, Entrants must
be able to perform at least five (5) original songs, to be approved
by MTVN, in order to be eligible to participate in Auditions as that
will be required of them if they are selected to participate in any
Events or be declared the Winner.
Entrant must also be prepared
to submit to MTVN, at MTVN’s request, a printed version of the lyrics
to songs contained in Submission Materials and contained in the five
(5) or more original songs that they would perform if selected as a
Finalist or Winner.
Entrants must also be prepared
to submit additional materials each week at the request and direction
of MTVN if they are selected as Finalists. These additional materials
will include, but not be limited to, at least two (2) video blogs per
week. These additional materials will be included in the definition
of Submission Materials as outlined in these Terms and Conditions.
Entrants must be available
during the periods of October 13, 2007 through October 20, 2007 at a
destination to be determined by MTVN and December 6, 2007 through December
9, 2007, in New York, NY, to participate in Events if they are selected
as Finalists.
Entrant agrees: (i) that it
has all rights to the contents of Submission Materials and all components
thereof (including, but not limited to master recording rights and publishing
rights with respect to any musical recordings), and that Entrant has
obtained all rights, consents and permissions, including but not limited
to those of persons participating in the Submission Materials, necessary
to grant the rights granted herein; (ii) that the Submission Materials
have not been released commercially; (iii) that the Submission Materials
do not and will not violate any law, statute, ordinance or regulation;
(iv) that the Submission Materials are free and clear of any liens or
claims with respect to the use of the Submission Materials in the manner
authorized herein and will not give rise to any claims of infringement,
invasion of privacy or publicity or infringe on any rights or interests
of any third party, or give rise to any claims for any payment
whatsoever, including but not limited to claims for re-use fees or residuals;
and (v) that the Submission Materials are not and will not be defamatory,
trade libelous, pornographic or obscene.
If any Submission Material
was created by the result of any collaborative effort, each individual
who has any right, title or interest in such Submission Material must
be listed as the Solo Artist or Band member. Entries which contain
materials that are not the original work of the Entrants, or are illegible
or incomplete will not be accepted.
FOR ALL ENTRANTS (Prior
to selection of Finalists and Winner):
Entrants agree that by entering into these Auditions they are granting
MTVN, and any and all of MTVN’s subsidiaries and affiliates and affiliated
broadcast stations and networks, successors, assignees and licensees,
the non-exclusive, irrevocable right and license to exhibit, broadcast,
copy, reproduce, encode, compress, encrypt, incorporate data into, edit,
rebroadcast, transmit, record, publicly perform, create derivative works
of, and distribute and synchronize in timed relation to visual elements,
the Submission Materials and/or any portions or excerpts thereof, during
the Audition Period and thereafter on a perpetual basis, by MTVN to
advertise, promote and publicize the Dew Circuit Breakout franchise.
The undersigned acknowledges that MTVN may use the Submission Materials
in accordance with the permission granted herein without any payment
to the undersigned or any third party.
FOR FINALISTS AND WINNER:
Finalists and Winner agree that by entering into these Auditions and
Events they are granting MTVN, and any and all of MTVN’s subsidiaries
and affiliates and affiliated broadcast stations and networks, successors,
assignees and licensees, the non-exclusive, irrevocable right and license
to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate
data into, edit, rebroadcast, transmit, record, publicly perform, create
derivative works of, and distribute and synchronize in timed relation
to visual elements, the Submission Materials and/or any portions or
excerpts thereof, in any manner, an unlimited number of times, in any
and all media, now known or hereafter devised, throughout the world,
in perpetuity. MTVN may use the Submission Materials to advertise, promote
and publicize the Dew Circuit Breakout franchise, MTVN, any of the MTV
Networks’ worldwide programming services and/or the Web Site in all
media throughout the universe and may authorize others to do so; such
advertising, promotion and publicity may include portions and excerpts,
in addition to cut-in, synchronized, dubbed and superimposed versions
of the Submission Materials. The undersigned acknowledges that MTVN
may use the Submission Materials in accordance with the permission granted
herein without any payment to the undersigned or any third party.
Submission
Materials shall not contain, include or involve any of the following:
- Crude, vulgar or
offensive pictures, depictions, images, language and/or symbols
- Gang signs or symbols
- Nudity
- Commercial products
(e.g., clothing, toys, food) and/or their trademarks, brands,
logos or endorsements
- License plates,
phone numbers, personal addresses – physical or email or otherwise
- Website or web page
links
- Derogatory characterizations
of any ethnic, racial, sexual or religious groups, humiliate other people
(publicly or otherwise), any assault or threatening of others
- Trespass or the
violation of other people’s rights or property
- Illegal (e.g., discriminatory,
harassing) or inappropriate activity, behavior or conduct (e.g., inflicting
emotional distress)
- Conduct or activities
in violation of these Terms and Conditions
- Any other content,
display, materials and/or images that is or could be considered inappropriate,
unsuitable or offensive, as determined by MTVN, in its sole discretion
Submission
Materials containing content which endorses or condones illegal drug
use or alcohol abuse is not allowed. Narcotic addiction and alcohol
abuse should only be depicted as self-destructive, anti-social behavior.
Music should not promote, glamorize or show as socially acceptable,
the use of illegal drugs or the abuse of legal drugs.
Submission
Materials containing explicit, graphic or excessive sexual activity
is not allowed. When sexual themes are key to the meaning or intent
of a song they must be depicted with consistent regard for commonly
accepted standards of taste and propriety.
Submission
Materials containing gratuitous violence is unacceptable. Violence,
if depicted, must be essential to the development of a theme, plot or
concept of the entry. Violence may not be used to stimulate the audience
or to invite imitation, nor may it be shown or offered as an acceptable
solution to problem or conflict. Exceptional care must be taken in instances
where women and children are victims of, or are threatened by, acts
of violence.
Language
contained in Submission Materials will be evaluated by MTVN based on
content and societal acceptability.
MTVN reserves
the right to reject any entries that it deems, in its sole discretion,
to violate any of the policies of MTVN’s "Standards and Practices
Guidelines." MTVN may modify or edit any Submission Materials or request
Entrants to do so, so that such Submission Materials meet such guidelines.
All Submission
Materials become the property of MTVN and will not be acknowledged or
returned.
5.
Casting Criteria: The official judging panel for the selection of
the Top Twelve Finalists will be comprised of representatives
from MTVN (the "Judges"), and the Submission Materials
will be judged based on a variety of elements, including but not limited
to, general musical ability, including the ability to compose unique
music and demonstrate mastery of the musical instruments utilized, songwriting
ability, lyrical content, originality and creativity. The application
of the judging criteria shall be in the sole and absolute discretion
of the Judges. To the extent permitted by law, MTVN and Judges disclaim
any liability from, and Entrants, whether or not a Finalist or the Winner,
agree to waive, any claims against MTVN and Judges relating to the judging
or awarding process. The Judges reserve the right to conduct interviews
with any Entrant. The Judges also reserve the right to extend the Audition
Period or not to declare Finalists or a Winner if they determine, in
their sole discretion, that entries received did not meet the minimum
qualification standards.
6. Top Twelve
Finalist Selection Notification: On or about October 1, 2007, the
Top Twelve Finalists will be selected by the Judges. A Finalist can
be either a Solo Artist or a Band. MTVN will make up to two (2) attempts
over the 48 hour period following Top Twelve Finalist Selection
to contact the potential Top Twelve Finalists (the Leader of a Band,
if a Top Twelve Finalist is a Band). If a potential Top Twelve Finalist
cannot be reached during the 48 hour period in which he/she is called
(no messages will be left on answering machines or voicemail systems)
the potential Top Twelve Finalist (including each member of a Band that
is a Top Twelve Finalist) will be disqualified and an alternate Top
Twelve Finalist may be selected from the remaining Entrants in
MTVN’s sole discretion. In addition, MTVN reserves the right
to select an alternate Top Twelve Finalist in the event that the potential
Top Twelve Finalist (including each member of a Band that is a
Top Twelve Finalist) fails to comply with these Terms and Conditions.
7. Top Twelve Finalist Verification:
The potential Top Twelve Finalists, including each member of a Band
that is a potential Top Twelve Finalist, must prove eligibility, including,
without limitation, proof of age and residence within two (2) days of
being notified as a potential Top Twelve Finalist. In the event of non-compliance
by the potential Top Twelve Finalist such potential Top Twelve
Finalists (including each member of a Band that is a Top Twelve Finalist)
shall be disqualified and an alternate Top Twelve Finalist may be selected
from among the remaining Entrants in MTVN’s sole discretion. In addition,
the potential Top Twelve Finalist must sign, including each member of
a Band that is a potential Top Twelve Finalist, (or, if a minor,
in the jurisdiction in which they reside, their parent/legal guardian
must sign) within two (2) days of receipt of such documents from
MTVN: (a) an affidavit of eligibility and release of Sponsors and their
respective officers, directors, employees, agents, members, affiliated
companies and subsidiaries, from any and all liability, loss, claims,
demands, and causes of action for personal injury and/or damage, theft,
loss, or any other harm suffered in connection with these Auditions
or Events, and for any claims based on publicity rights, defamation,
invasion of privacy, copyright infringement, trademark infringement
or any other intellectual property related cause of action. Affidavit
will include license to use Submission Materials as specified in paragraph
4 herein; (b) except where prohibited by law, a promotional release
granting Sponsors the right to use their name, voice and likeness for
advertising, publicity , marketing, promotional and commercial tie-in
purposes, including without limitation, MTVN’s, or any of its
affiliates or sponsors, programming services, websites, promotional
materials, products or other services, without additional compensation;
and (c) any other guest/performance release or other legal document
deemed necessary by Sponsors and return them as specified by Sponsors
or the Top Twelve Finalist may be disqualified at MTVN’s sole discretion.
Each Top Twelve Finalist, including each member of a Band that is a
Top Twelve Finalist also must acknowledge that Sponsors have not and
will not obtain or provide insurance of any kind relating to the Auditions
or the Events and that each Top Twelve Finalist, including each member
of a Band that is a Top Twelve Finalist, will be responsible for obtaining
and paying for any form of insurance.
8. Online Voting:
During the Online Voting Periods as detailed in the voting schedule
in paragraph 2, the Finalist’s Submission Materials will be posted
online for judging by MTVN’s online viewers (the "Online Judges").
The total number of online votes submitted during the applicable voting
periods for each of the Finalists will be tabulated by MTVN.
The six (6) of the Top Twelve
Finalists with the most votes during voting period 1 will be declared
the Top Six Finalists. The three (3) of the Top Six Finalists with the
most votes during voting period 2 will be declared the Top Three Finalists.
The one (1) of the Top Three Finalists with the most votes during voting
period 3 will be declared the Winner. In the event of a tie or dispute
or for any other reason that MTVN deems necessary, determination of
any of the Finalist levels and the Winner shall be made by MTVN. To
the extent permitted by law, MTVN disclaims any liability from, and
Entrants, whether or not a Finalist or Winner, agree to waive, any claims
against MTVN relating to the judging or awarding process. MTVN reserves
the right to select an alternative Finalist or a Winner in the event
that any Finalist or Winner (or any member of a Band that is a Finalist
or Winner ) fails to comply with these Terms and Conditions.
9. Events:
Top
Six Finalist Event: During the period of October 14, 2007 through
October 20, 2007, an MTVN film crew will film the Top Six Finalists
in their hometown. If any of the Top Six Finalists are a Band, MTVN
will film the Band in the hometown of Leader, or at a destination to
be determined by MTVN after taking into consideration the residences
of all Band members. Filming will include, but not be limited to, interviews
with all Band members as well as performance footage of Band. MTVN will
make all arrangements for filming. However, each Band member must arrange
and pay for all of their expenses, including all travel, lodging, meals,
etc. in getting to and from filming destination selected by MTVN.
Dew
Circuit Breakout Finale Event:
The Top Three Finalists will get the opportunity to come to New York
and perform up to five (5) of their original songs on the live broadcast
of the show Dew Circuit Breakout in New York, NY currently contemplated
to take place on December 8, 2007, but subject to change in MTVN’s
sole discretion, wherein at the finale of the show, one Top Three Finalist
will be declared the Winner. The Top Three Finalists may also be requested
to perform live other material provided to them by MTVN. The Top Three
Finalists will also be required to perform at the Dew Circuit Breakout
After Party immediately after the Dew Circuit Breakout show wherein
their performance may include, at MTVN’s sole discretion, the Band
playing Rock Band™, the Harmonix and MTV Games new music-based game.
The trip to New York will include: (i) round trip coach class air transportation
for each member of the Top Three Finalists which shall originate from
an airport of MTVN’s choice nearest each Band member’s residence
(as determined by MTVN) to New York, NY. MTVN reserves the right to
substitute ground transportation for air transportation for any Band
member that resides within 150 miles of New York, NY; (ii) two (2) nights
hotel accommodations in New York, NY for each Band member(meals, telephone
calls and other incidentals and costs are not included); and (iii) roundtrip
ground transportation between airport and hotel in New York, NY If for
any Band member, 18 is not the age of majority in the jurisdiction in
which they reside, that Band member must be accompanied by his/her parent/legal
guardian and such person must pay his/her own expenses.
The Top Six Finalist Event
and the Dew Circuit Breakout Finale Event are herein collectively referred
to as "Event" or "Events".
If any Finalists, including
all members of Band if applicable, are not available to travel on the
dates specified by MTVN in its sole discretion, Finalist privileges
will be terminated and an alternative Finalist may be selected from
among the Entrants that in the opinion of the Judges was the next in
contention for Finalist designation.
10. Winner:
MTVN may produce a music video of Winner performing including live performance
footage of Winner from Events as well as ancillary material captured
during Events ("Music Video" or "Music Videos").
MTVN, in its sole discretion, and may include Music Video in its music
based shows, including but not limited to Unleashed and Discover &
Download.
11.
MTVN Produced Programming: All video material and programming created
by MTVN at Events and Music Videos will be referred to as "Programming".
MTVN shall be the exclusive owner of the copyright and other rights
in and to the Programming and MTVN, it subsidiaries, affiliates, affiliated
broadcast stations and networks and licensees will be able to use the
Programming forever and throughout the world, and to license others
to use it, in any manner MTVN wishes and in any and all media now known
or hereafter discovered or developed without notice, including for advertising,
promoting and publicizing any of their products or services, such use
may include portions and excepts, in addition to cut in, synchronized,
dubbed and superimposed versions of the Programming. By participating
in any of the Events, Entrants acknowledge that MTVN may use the Programming
in accordance with the permission granted herein without any compensation,
royalty, payment, liability or obligation to any Entrant or any third
party. MTVN is under no obligation to broadcast or otherwise exploit
the Programming.
12. General
Trip Terms: MTVN will determine the airlines and hotels in its sole
discretion. Travel restrictions, conditions and limitations may apply.
Band members must each possess valid travel documents in order to travel.
Travel arrangements are subject to availability and must be roundtrip.
MTVN will not be responsible for any cancellations, delays, diversions
or substitution or any act or omissions whatsoever by the air carriers,
hotels or other transportation companies or any other persons providing
any of these services and accommodations necessitate by same. MTVN shall
not be liable for any loss or damage to baggage. The dates for travel
for the Top Six Finalist Event will be on or around October 14, 2007
through October 20, 2007, the dates for travel for the Dew Circuit Breakout
Finale Event will be on or around December 7, 2007 through December
9, 2007 and such dates are subject to change in MTVN’s sole discretion,
In addition, MTVN may delay, cancel or postpone the Events in its sole
discretion. All costs and expenses not specifically listed above are
each Band member’s sole responsibility.
13. General
Terms: Noncompliance with any of these Terms and Conditions may
result in disqualification. ANY VIOLATION OF THESE TERMS AND CONDITIONS
BY A PARTICIPANT OR ANY BEHAVIOR BY A PARTICIPANT THAT WILL BRING SUCH
PARTICIPANT OR SPONSORS INTO DISREPUTE (IN SPONSORS SOLE DISCRETION)
WILL RESULT IN SUCH PARTICIPANT’S DISQUALIFICATION FROM THE DEW CIRCUIT
BREAKOUT AUDITIONS.
Sponsors assume no responsibility
for incorrect or inaccurate entry information whether caused by any
of the equipment or programming associated with or utilized in these
Auditions or by any human error which may occur in the processing of
the entries in these Auditions. Sponsors are not responsible for any
problems or technical malfunction of any telephone network or lines,
computer online systems, servers, or providers, computer equipment,
software, failure of any e-mail or players on account of technical problems
or traffic congestion on the Internet or at any web site, or any combination
thereof, or any incomplete, lost, late, delayed, misdirected or garbled
votes or failure to receive votes, including, without limitation, any
injury or damage to Entrant’s or any other person's computer related
to or resulting from participation or downloading any materials in this
Auditions or the voting rules for these Auditions.
All interpretations of these Terms and Conditions and decisions by Sponsor
are final. MTVN reserves the right in it sole discretion to disqualify
any individual they suspect or find: (i) to have tampered with
the entry process or the operation of these Auditions; (ii) to be acting
in violation of these Terms and Conditions; (iii) to be acting in an
unsportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person; or (iv) to have provided inaccurate
information on any legal documents submitted in connection with
these Auditions. Entrants agree to indemnify and hold harmless Sponsors
from any and all liability resulting or arising from the Auditions or
Events and to release all rights to bring any claim, action or
proceeding against Sponsors.