YOU GOT SERVED FREESTYLE DANCE BATTLE
OFFICIAL RULES
NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED.
THIS CONTEST IS OFFERED ONLY IN THE 48 CONTIGUOUS STATES OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, AND IS INTENDED FOR PARTICIPATION BY LEGAL RESIDENTS OF THOSE AREAS ONLY. THIS CONTEST SHALL BE CONSTRUED AND GOVERNED ACCORDING TO THE LAWS OF THE UNITED STATES. PLEASE DO NOT PROCEED IF YOU ARE NOT A LEGAL RESIDENT OF ONE OF THE 48 CONTIGUOUS STATES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA.
- Contest Description: The YOU GOT SERVED FREESTYLE DANCE BATTLE ("Contest") begins on December 21, 2003 and ends on January 11, 2004 ("Contest Entry Period"), but various entry deadlines apply depending on where you participate (described below). This Contest is a competition for solo dancers only ("Contestants"). Eligible Contestants who appear at the specified time for a particular participating event location ("Event Location") (listed below, but subject to change) and perform (in accordance with these Official Rules) their original dance routine ("Routine") will have the opportunity (subject to the judging stages described below) to perform at MTV's TRL studios and win the opportunity to appear on a B2K music video.
- Eligibility: This Contest is open only to legal residents of the forty eight (48) contiguous states of the U.S. (Alaska and Hawaii are excluded) and the District of Columbia, who are physically located and residing therein, who are thirteen (13) years of age or older as of December 21, 2003, and who are not subject to any performance agreement or any similar agreement which would interfere with a Contestant's ability to enter this Contest or assign all of the rights to be assigned hereunder. Check Event Location for eligible age as some Event Locations may be at locations not open to minors. If a prospective Contestant is a resident of a jurisdiction that deems him/her to be a minor, he/she must obtain parental/legal guardian consent prior to participating in this Contest and such parent/legal guardian will be required to be present at the respective Event Location to complete an affidavit of eligibility, a liability release, and (where legal) a publicity release ("Affidavit/Release"). Employees of Screen Gems, Inc. ("Sponsor"), Sony Pictures Entertainment Inc., Sony Music, Elektra Records, MTV Networks, Filmmakers and anyone affiliated with the film YOU GOT SERVED, Contest venue owners, Skycastle Entertainment, Inc., Sullivan Compliance Company ("Contest Administrator"), radio stations that are promoting the Contest, all publicity agencies hired by Sponsor, their advertising or promotion agencies, those involved in the production, development, implementation or handling of this Contest, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, any other person or entity associated with this Contest (collectively "Contest Entities"), members of their immediate families (spouses, children, siblings, parents), and/or persons living in the same household as such persons, whether or not related, are ineligible to participate in this Contest.
- How to Enter: Listen/watch for Contest announcements within your local Participating Market (defined below) for details on the Event Location for your area. Each Event Location will have its own entry date(s) and time(s), which will be posted on www.YouGotServed.com. The current scheduled Participating Markets which are subject to change, are: New York, NY; Los Angeles, CA; Chicago, IL; Philadelphia, PA; Washington DC; Boston, MA; San Francisco/Oakland, CA; San Jose, CA; Dallas, TX; Atlanta, GA; Detroit, MI; Houston, TX; Tampa, FL; Miami, FL; Phoenix, AZ; Cleveland, OH; St. Louis, MO; San Diego, CA; Kansas City, MO; Cincinnati, OH; Columbus, OH; Columbia, SC; Baltimore, MD; Memphis, TN; Norfolk, VA; New Orleans, LA; Buffalo, NY; Las Vegas, NV; Jacksonville, FL; and Fresno, CA (collectively, "Participating Markets"). Sponsor reserves the right in its sole discretion to make any changes to the Participating Markets and Event Locations including adding additional markets/Event Locations or eliminating listed Participant Markets/Event Locations and shall not incur any liability resulting from any such changes. Current Participating Markets will be listed on www.YouGotServed.com. The aforementioned announcements will invite prospective Contestants to appear at their participating Event Location to perform their Routine, in accordance with these Official Rules and any additional requirements imposed by the administrators of a respective Event Location; such additional requirements being incorporated herein by reference. Before performing, each participant will be required to register, providing his/her full name, address (including zip code), birth date, email address (optional), and up to four (4) telephone numbers with area codes (daytime, evening, pager and/or mobile phone numbers) where he/she can be reached between 11:00 a.m. PT and 3:00 p.m. PT on January 14, 2004 in case he/she is selected as a Finalist (described below) (collectively "Entry Information") on an entry form or other document supplied by the respective Event Location administrator. All required Entry Information must be completed in full. Each participant (contestant) (or his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) will also be required to complete and sign, where indicated, an Affidavit/Release which assigns all rights to Sponsor and Sony Pictures Entertainment Inc. for Sponsor's use of your Routine as otherwise provided herein. Routines cannot be longer than one (1) minute, must be performed without special equipment (e.g., staging equipment), and must be completely performed live at the applicable Event Location. Only solo Routines will be eligible to enter Contest. All Routines must be performed within the entry period for a participating Event location. Limit one (1) Routine per person for the entire Contest Period. Routines performed in violation of these requirements or the instructions of the judges/Sponsor, as determined by the Sponsor or judges, in the sole discretion of either party, will be disqualified. Any attempted form of entry into this Contest other than as described herein is void. By entering Contest, each Contestant represents and warrants that he/she is not subject to any agreement or arrangement, including without limitation, any dance or any similar other agreement that would interfere with his/her entering this Contest and assigning all the rights assigned hereunder.
- Judging: There are three (3) judging stages for this Contest - Preliminary Judging; Semi-Final Judging: and Final Judging.
- Preliminary Judging: Eligible Routines performed at a particular Event Location within the guidelines described by the Event Location administrators and these Official Rules will be judged live by Event Location administrators based upon the Semi-Final Judging criteria (see below). While specific judging criteria and process may vary from Event Location to Event Location, Routines will all be judged by comparative skill. The Routine with the highest judged score for each Participating Market ("Semi-Finalist") will be recorded by representatives of the Sponsor in its sole discretion for the Finals Judging stage ("Recordings"). Semi-Finalist Routines will be set to music designated by Sponsor at its sole discretion. Judges at each Event have the right, in their sole discretion, to select no Semi-Finalists based on an insufficient number of eligible Routines. Routines (including Recordings), which are not reasonably pertinent to the judging criteria (described below), as determined by Sponsor and/or judges in their sole discretion, or are otherwise in violation of these Official Rules will be disqualified. As determined by Sponsor and/or judges in their sole discretion, Routines (including Recordings) that include obscenities, objectionable material, defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any third party's personal or proprietary rights will be disqualified.
- Semi-Final Judging: Recordings from the Preliminary Judging will be judged on or about January 11, 2004 by the Sponsor who will select the top three (3) Recordings (each a "Finalist"). All Recordings will be judged based upon the following criteria: 1) Originality - 100 points; 2) Execution - 100 points; and 3) Style - 100 points (300 points maximum). In the event of a tie, to determine the Recording that will move on to the Final Judging, the tied Contestant whose Recording received the higher score in "Execution" will be declared a Finalist. In the event of a further tie, the tied Contestant whose Recording received the higher score in "Originality" will be declared a Finalist. Any further ties will be broken by a second judging of the tied Recordings based on the above-indicated criteria. Sponsor, it its sole discretion, reserves the right to select fewer than three (3) Finalists based on an insufficient number of eligible Recordings received.
- Final Judging: Finalists will be required to travel to MTV's TRL studios in New York, New York to perform their Routine on or about January 27, 2004 at the specified time and date selected by Sponsor in its sole discretion. The order of Finalists' appearance for their performance at TRL studios will be determined by the producers of TRL in its sole discretion. Sponsor and/or TRL studios reserves the right in its sole discretion to assign the song associated with each Routine for each Finalist to perform. Each Finalist's Routine will be judged on the specified date by B2K (or some other representative of Sponsor or TRL studios selected and/or approved by Sponsor in its sole discretion) based on criteria used in the Semi-Final judging. The Finalist whose Routine judged the highest will be declared the winner ("Winner"), subject to final verification of eligibility and compliance with these Official Rules.
- Prizes: There are four (4) prizes available for this Contest: three (3) Finalist Prizes and one (1) Winner Prize.
- Three (3) Finalist Prizes: A trip for Finalist and one (1) guest ("Guest") to MTV's TRL studio consisting of roundtrip coach air transportation for Finalist and Guest to New York, New York from a major commercial airport (as determined by Sponsor in its sole discretion) near Finalist's residence in the contiguous 48 contiguous U.S. states or D.C.; standard hotel accommodations (double occupancy) for two (2) nights; and the opportunity for Finalist to perform at MTV's TRL studio (Approximate retail value of Finalist Prize ("ARV"): $2,500 each. FINALISTS MUST BE ABLE TO TRAVEL TO NEW YORK, NY ON TIMES AND DATES SPECIFIED BY SPONSOR, CURRENTLY EXPECTED TO BE JANUARY 26, 2004. HOWEVER DATE OF TRIP IS SUBJECT TO CHANGE. IF A FINALIST CAN'T TRAVEL ON THE SPECIFIED DATE, HE/SHE WILL BE DISQUALIFED. If a Finalist is a resident of a jurisdiction that deems him/her to be a minor, Guest must be 21 years of age or older and be the Finalist's parent/legal guardian.
- One (1) Winner Prize: A trip for Winner and one (1) guest ("Winner's Guest") to the location of the designated B2K music video in which the Winner will have the opportunity to appear. Winner Prize consists of roundtrip coach air transportation for Winner and Winner's Guest to the location of the designated B2K music video in the continental U.S. from a major commercial airport (as determined by Sponsor in its sole discretion) near Winner's residence in the contiguous 48 contiguous U.S. states or D.C.; standard hotel accommodations (double occupancy) for approximately 2 nights; and the opportunity to appear in a B2K music video (ARV of Winner Prize: $3,000). WINNER MUST BE ABLE TO TRAVEL TO THE LOCATION OF THE B2K MUSIC VIDEO (AS DETERMINED BY SPONSOR SUBJECT TO AVAILABILITY AND PRODUCTION EXIGENCIES) ON DATES SPECIFIED BY SPONSOR IN ITS SOLE DISCRECTION DURING PRODUCTION OF SAID VIDEO IN ORDER TO HAVE THE OPPORTUNITY TO APPEAR IN THE MUSIC VIDEO OR USE ANY OTHER COMPONENT OF THE WINNER PRIZE. If Winner is not available at such designated date and time in which said music video will be filmed, Winner will forfeit the Winner Prize and receive no compensation and an alternate Winner may be selected by Sponsor at its sole discretion. If the opportunity to appear in a B2K music video is not available during time of Winner's trip for whatever reason (e.g. schedule change, production problems), that portion of the Winner Prize will be forfeited and Winner will receive Winner Prize without that portion of the Winner Prize and no compensation will be awarded in lieu thereof. Winner will receive no additional compensation (other than Winner Prize components listed above) regardless of whether Winner appears in said music video. Winner's appearance in music video is subject to producer's requirements and sole discretion, and, prior to participation, Winner may be required to complete additional documentation. Winner's appearance may not actually appear in the final version of the music video; decision is subject to producer's and Sponsor's requirements. If Winner is a resident of a jurisdiction that deems him/her to be a minor, Winner's Guest must be 21 years of age or older and be the Winner's parent/legal guardian.
The ARVs of the travel component of the prizes vary depending upon the point of departure, destination, and fare fluctuations. Air transportation provided only if Finalist or Winner resides more than one hundred (100) miles from their destination. Once determined, no extension or change of trip dates permitted, except by Sponsor in its sole discretion. Trips are subject to air/ground travel availability, hotel availability, holiday and black-out dates and all other prize and travel restrictions, as applicable. All other expenses and incidentals not specifically mentioned as being included are excluded and are the Finalist's or Winner's sole responsibility including, but not limited to, taxes, air transfers, government fees, unspecified ground transportation, meals, gratuities, hotel incidentals, and telephone calls. Limit one (1) Finalist Prize per person/family/household. No transfer, substitution or cash equivalent for any prizes (or prize components), except at Sponsor's sole discretion, due to prize unavailability for any reason, and only then for a prize (or prize component) of comparable value. Any depiction of prizes is for illustrative purposes only. All federal, state, and/or other taxes are sole responsibility of Finalists and Winner. If a Finalist or the Winner is a resident of a jurisdiction that deems him/her to be a minor, prize may be awarded in the name of his/her parent/legal guardian (who must travel with the minor).
- Notification of Finalists and Winner: There will be two (2) notification phases: Finalist Notification and Winner Notification.
- Finalist Notification: After Semi-Final Judging, each Finalist (or his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) will be notified by phone between 11:00 a.m. PT and 3:00 p.m. PT on January 14, 2004 at the number(s) (in the order provided) as noted on the Finalist's entry. If a potential Finalist cannot be reached after a reasonable effort has been exerted, he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, or if his/her prize notification is returned as undeliverable, that potential Finalist will be disqualified and the Semi-Finalist with the next highest score will, at Sponsor's sole discretion, be declared a potential Finalist.
- Winner Notification: Potential winner will be announced on or about January 27, 2004 at MTV's TRL studios. If potential Winner is found to be ineligible, cannot or does not comply with these Official Rules, or if his/her prize notification is returned as undeliverable, potential Winner will be disqualified and the Finalist with the next highest score may, at Sponsor's sole discretion, be declared the potential Winner.
General Notification Conditions: Each potential Finalist (or his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) will be sent a Liability Release, and (where legal) a Publicity Release (collectively "Releases") which is separate from the Affidavit/Release collected at time of entry. Release must be completed, signed (notarized), and returned by fax within twenty four (24) hours after receipt (with the original thereafter being returned by overnight delivery) or such potential Finalist, at Sponsor's sole discretion, may be disqualified, in a decision that is final and binding, and the Contestant whose Routine receives the next highest score may be declared a potential Finalist. Guest of each Finalist (or his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) must execute and return within twenty four (24) hours of receipt by such potential Finalist a Liability Release and a Publicity Release. Winner (or his/her parent/legal guardian if Winner is a resident of a jurisdiction that deems him/her to be a minor) may be sent another Liability Release, and (where legal) a Publicity Release (collectively "Affidavit/Release") or other documentation required by Sponsor or Contest Entity for the Winner Prize which must be completed, signed (notarized), and returned within five (5) days after receipt or potential Winner, at Sponsor's sole discretion, may be disqualified, in a decision that is final and binding, and the Semi-Finalist whose Routine received the next highest score may be declared the potential Winner. Winner's Guest (or his/her parent/legal guardian if participant is a resident of a jurisdiction that deems him/her to be a minor) must execute and return within five (5) days of receipt by potential Winner a Liability Release and a Publicity Release or other documentation required by Sponsor or Contest Entity.
- Ownership of Routines and Recordings: Except as specifically provided for herein, Contestants agree by submitting their Entry Information and Contest Release Form, that all Routines and (if applicable) Recordings were commissioned hereunder on a "work for hire" basis and one hundred percent (100%) of the copyright throughout the universe in perpetuity in and to all results and proceeds of Contestants' services/Routines/Recordings hereunder shall be owned and controlled by Sponsor and those acting under its authority including, the right to use the Routine and/or Recording throughout the universe, in whole or in part, in edited, unedited or distorted form, on and in connection with the Contest, Event Location, Routine, or Recording, for any trade advertising or promotional purposes whatsoever, without review, approval, notification or payment from or to any person or entity, including without limitation any third party dance company or other company entitled to Contestant's exclusive performing services or any other rights with respect to Contestant's performing services, or any union or guild, in all media now known or hereafter discovered throughout the universe. Notwithstanding the foregoing, as and to the extent that a Contestant owns or controls any portion of any musical composition or selection performed by Contestant in the Routine or Recording ("Controlled Composition"), Contestant hereby assigns to Sponsor, its affiliates, parents, assignees, sublicenses, etc., the non-exclusive right to exploit said Controlled Composition in and in connection with the Event Location, Routine, Recording, the Contest or in any other manner in any media now known or hereafter discovered throughout the universe in perpetuity without the need for any permission from or payment to Contestant or any third party whatsoever, including without limitation any music publishing company or other company entitled to Contestant's exclusive songwriting and/or dance services or any other rights with respect to any compositions written, in whole or in part by Contestant, or any union or guild. In the event that a Contestant performs a musical composition or other selection which is copyrighted, in whole or in part, by a third party ("Third Party Composition"), and Sponsor desires to exploit said Third Party Composition, Sponsor will secure all rights and make all payments necessary, if any, in connection with Sponsor's exploitation of said Third Party Composition it being understood and agreed that if Contestant is selected as a Semi-Finalist or Finalist, Sponsor will have the sole right to determine what material Contestants will perform on the Routine or otherwise which may or may not be the Third Party Composition embodied on Contestant's Routine or Recording. Sponsor has the right to modify, edit, adapt, and electronically alter Recordings as well as reproduce it/them, in whole or in part, without compensation or further notice to Contestant.
- General Conditions and Disclaimers: This Contest is subject to these Official Rules, by which all Contestants agree to be bound. This Contest is void where prohibited by law and is subject to all applicable federal, state and local laws. By entering this Contest, Contestants agree to waive any right to claim any ambiguity or error in these Official Rules, or the Contest itself, and agree to be bound by all decisions of the Sponsor and Contest Administrator (see below), whose decisions are binding and final. Contest Entities are not responsible or liable for multiple Routines or Routines/Recordings that are late, incomplete, lost, misdirected, damaged, stolen, tampered with, or otherwise not in compliance with these Official Rules (whether due to the fault of Contestant, Sponsor, or any other Contest Entity) and all such Routines/Recordings will be disqualified. If, for any reason, Contest, or any portion thereof, is not capable of running as originally planned (for reasons beyond the Sponsor's control), such as cancellation/postponement of Event Location(s) in the Participating Markets, Sponsor at its sole discretion, reserves the right to cancel, suspend or modify this Contest or any portion(s) thereof, and determine the Finalists and/or Winner by using the same criterion that was to be used during the Semi-Finals Judging. In the event that MTV's TRL in which the Routines are to be performed is cancelled/postponed/interrupted, other arrangements as determined by Sponsor will be made to determine the Winner. Any person attempting to defraud Sponsor or tamper with Contest in any way will be prosecuted to the fullest extent permitted by law and will not be eligible for a prize. Except where prohibited by law, a Contestant's entry (including Routine and/or Recording) and/or the Winner's acceptance of a prize constitutes permission for the Contest Entities to use such Contestant's Routine, Recording, name, city, and state for advertising/promotion purposes worldwide in any and all forms of media (including posting on the Web and appearance on MTV's TRL), in perpetuity, without further compensation in connection with Event Location, Routine, said Contest or a prize awarded. Contestant unconditionally assigns and transfers all ideas, concepts, copyrighted materials and trademarks contained in the Routine/Recording and other items of the entry materials and any and all rights including "moral rights" in the Routine/Recording and other items in the entry materials to the Sponsor. Sponsor has the right to use, assign or dispose of such Routines/Recordings and any other items of the entry materials however it sees fit without approval of or compensation to, Contestant or any third party. Sponsor has the right to modify, edit, adapt, and electronically alter Routines/Recordings as well as reproduce it/them, in whole or in part, without compensation or further notice to Contestant.
- Release From Liability of Contest Entities: By entering this Contest, Contestants agree and acknowledge that Contest Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Contest; human error; misprinted Contest promotional materials; incorrect or inaccurate transcription of any Contestant information; acceptance/possession and/or use/misuse, and/or defects of the prize(s) awarded herein; any technical malfunctions of the telephone network, computer online system, computer equipment, software, internet service provider, videotaping equipment or Recordings; interruption or inability to access this Contest or any Web site or online service via the internet due to hardware or software compatibility problems; and/or any interruptions/postponement/cancellation of MTV's TRL event associated with this Contest, promos, or other elements of this Contest (e.g., radio announcements), even if caused by the negligence of one of the Contest Entities. Contestants further acknowledge that said Contest Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize. Contestants agree to indemnify and hold harmless the Contest Entities, including without limitation Sponsor, and each of them from and against any and all liability, damages, costs, attorneys fees, etc. incurred with regard to any claim by any person(s) in connection with any and all of the rights and benefits conferred by Contestant upon the Contest Entities in this agreement. Contestants also agree to release all rights to bring any claim, action, or proceeding against the Contest Entities. Finalists and Winner also agree that Contest Entities maintain no control over the personnel, equipment or operations of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel or other person or entity furnishing services, products or accommodations as part of the prizes awarded in this Contest, because all of these suppliers are independent contractors. Contest Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of these suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of these suppliers, (3) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (4) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. Sponsor shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity arising out of or relating to any prize awarded in this Contest, even if caused by the negligence of Sponsor.
- Official Rules/List of Finalists and Winner: For a copy of these Official Rules or a list of the Finalists and Winner (specify which), send a self-addressed, stamped envelope to: YOU GOT SERVED FREESTYLE DANCE BATTLE "Rules" or "Finalists/Winner list" (specify which), P.O. Box 6614, Burbank, CA 91510. All requests must be received by March 15, 2004. Finalists/Winner list may posted on the You Got Served Web site.
- Contest Administrator: Sullivan Compliance Company, P.O. Box 7398, Burbank, CA 91510-7398
- Sponsor: Screen Gems, Inc., 10202 W. Washington Blvd., Culver City, CA 90232.
|