The Basics Write and perform an original song on video to commemorate the July 20, 1969 Apollo 11 moon landing, add to YouTube with complete lyrics and #musicfromthemoon in the description, and enter to the contest (with $25 non-refundable submission fee). Performance must:
Be performed in a duo or smaller
Be no more than 6 minutes
Be focused on the concept of space exploration and contain an element involving the moon
Be able to be performed live (at least one artist must be playing an instrument; if music tracks are used, they must provide minor accompaniment only)
The first round of judging will be based primarily on your YouTube video likes where 6 entries will be forwarded to the final round. Our panel of preliminary judges will forward an additional 2 regardless of likes based on the criteria outlined in the official rules.
2019 Music from the Moon Contest – Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN.VOID WHERE PROHIBITED. 1.SPONSORS. The 2019 Music from the Moon Contest (the “Contest”) is sponsored by Listen Local Huntsville, LLC. (“Listen Local Huntsville”), an Alabama limited liability corporation located in Huntsville, Alabama P.O. Box 2258, Huntsville, AL 35804, and MidCity Huntsville ("MidCity"), an Alabama public-private partnership located in Huntsville, Alabama 920 Bob Wallace Ave SW, Huntsville, AL 35801(collectively, the “Sponsors”).
2.ELIGIBILITY. The Contest is open to individuals or a duo of individuals (each an “Entrant”). Void where any portion of these rules are prohibited or restricted by law.Each Entrant (or member of an Entrant, if a duo) must be at least eighteen (18) years of age at the time of entry. The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of Sponsors and their parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Contest and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings, and the “steps” of each) and all persons living in the same household of each.Entrant must be able to travel to Huntsville, AL for an estimated 7 day period beginning on or about July 13, 2019 must be able to enter the US and/or travel to Huntsville, AL without additional assistance outlined in these official rules and without additional documentation, sponsorship or violating federal, state or local laws. As of January 1, 2019, and through June 15, 2019, no Entrant (or member of an Entrant, if a duo) may have a current recording contract or be bound by any obligations to any third party that would conflict with the rights, or interfere with the Sponsors’ exercise of the rights, granted herein in accordance with Section 8 of these Official Rules.
By submitting an entry, each Entrant (or member of an Entrant, if a 2019 Music from the Moon) represents and warrants that there are no limits on the rights of the Entrant (or member of an Entrant, if a duo) to enter this Contest, nor will any Entrant (or member of an Entrant, if a duo) enter into any agreement or assume any obligation that limits the right or ability of that Entrant (or member of that Entrant, if a duo) to participate in the Contest, perform, or grant to Sponsors the specified rights as contemplated by Section 8 of these Official Rules. The Entrant (or all members of an Entrant, if a duo) selected as the Grand Prize Winner must be available to travel and perform in Huntsville, AL from on or about July 13-21, 2019. The exact dates, itineraries, and methods of travel will be determined by Sponsors in their sole discretion.
Each Entrant (or a member of the Entrant, if a duo) must be the rightful owner of the e-mail address registered with the YouTube account used to log in and upload the Video (as described in Section 3, below). In the event of a dispute as to the identity of the Grand Prize Winner, the Grand Prize Winner will be deemed to be the natural person in whose name the e-mail account that uploaded the Video is registered with YouTube (or the duo of which such natural person is a member). The “Authorized Account Holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the Authorized Account Holder, the Grand Prize Winner, and the Entrant (or member of the Entrant, if a duo), Sponsors reserve the right, in their sole discretion, to determine whether the entry is valid, or to declare the entry invalid and select an alternate Grand Prize Winner.
Entry constitutes each Entrant’s certification that the Entrant (or all members of an Entrant, if a duo) meet the eligibility requirements set forth in these Official Rules. Sponsors reserve the right to verify and confirm each Entrant’s (and each member’s of an Entrant, if a duo) age and compliance with other eligibility requirements. An Entrant (or member of an Entrant, if a duo) may be required to submit further information to assist in the judges’ verification of eligibility. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Each Entrant or each member of an Entrant, if a duo, must appear in the Video (as defined below) to be eligible to win a prize. Any individuals who do not appear in the Video, including without limitation, other musicians, nonperforming songwriters or managers, will not be eligible to win a prize. NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest is a video submission contest offering the opportunity for musicians to compete for an opportunity to win cash prizes and a trip to perform: (i) live at events surrounding the celebration commemorating the 50th Anniversary of the Apollo 11 Lunar Landing in Huntsville, Alabama.
By participating in this Contest, each participant agrees to be bound by these Official Rules and to the decisions of Sponsors and the judges selected by Sponsors, which are final and binding on all matters relating to the Contest. The Contest will operate as described below, on or about the stated dates: The Contest submission period begins at 12:00 a.m. E.T. on February 15, 2019, and ends at 11:59 p.m. E.T. on May 15 2019 (the “Submission Period”). To be eligible, submissions must be submitted during the Submission Period and in accordance with Section 3 of these Official Rules. The judging period in total begins on February 15, 2019 and ends on or about June 15, 2019 (the “Judging Period”). Eligible submissions will be reviewed by up to two (2) panels of judges selected in the sole discretion of Sponsors and will be judged in accordance with Section 4 of these Official Rules. One (1) Grand Prize Winner (as described in Section 6 below) will be selected. Sponsors will attempt to contact the Grand Prize Winner, or an alternate if necessary, in accordance with Section 5 of these Official Rules. The Grand Prize Winner will be publicly announced on or about June 15, 2019.
3. HOW TO ENTER. To enter, an Entrant must submit a short video under six (6) minutes in length, depicting that Entrant’s performance of a single, original song focused a theme of space exploration and/or the moon (the “Video”) and complete a $25 USD non-refundable entrance fee. The song must be “original,” as defined by copyright law, and the Entrant must own and control all composition and publishing rights in the music. The Video must be unique, meaning it must have been created for the sole purpose of entering this Contest and not have been previously published or posted online or entered into any other contest or competition (whether sponsored by Sponsors or any third party). Videos must comply with the following requirements: Videos must:
contain a song that is the Entrant’s original work (covers will not be accepted);
contain a song preformed by no more than two people (duo)
be focused on the concept of space exploration and contain an element involving the moon
be created specifically for the Contest (videos that were submitted to any other contest or competition will not be accepted);
be a maximum of six (6) minutes in length;
be performed in english
be able to be performed live (at least one artist must be playing an instrument; if music tracks are used, they must provide minor accompaniment only)
include the text “#musicfromthemoon” in the video description
include the complete lyrics of the song in the video description (must be in english)
be uploaded to YouTube in any format acceptable to YouTube; and
comply with YouTube terms of service and specifications for user submissions and/or video uploads, located at http://www.youtube.com/t/terms, or as may otherwise be posted on YouTube’s website.
Videos must NOT:
contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement;
feature any music that is not originally written, performed, and produced by Entrant;
depict situations where drugs are consumed, alcohol is consumed in an irresponsible manner, suggest illegal activities, feature models under the age of twenty-five (25), contain lewd or indecent language or images or graphic nudity, employ religion or religious themes; or
include third parties, including but not limited to minors, celebrities, and friends who have not expressly authorized Entrant to display their image, likeness, or voice in any submitted Video or otherwise use such image, likeness, or voice in accordance with these Official Rules.
To enter, an Entrant must upload an embeddable, publicly viewable Video to YouTube on or after February 15, 2019. Each Entrant (or a member of Entrant, if a duo) will be required to sign-in to YouTube to post a Video; if an Entrant (or a member of an Entrant, if a duo) does not already have a YouTube account, Entrant (or a member of Entrant, if a duo) will be required to create one. After uploading a Video, an Entrant (or any member of an Entrant, if a duo) must complete the submission form available at http://www.musicfromthemooncontest.com (the “Submission Form”) and pay a $25 USD (twenty five US dollar) non-refundable contest entrance fee. On the Submission Form, each Entrant must provide: his or her name (or the name of all members of an Entrant, if a duo); the name of the Entrant’s duo, if applicable; the name of the songwriter or songwriters; a link to the Video hosted on YouTube; an e-mail address and zip code for the Entrant; the name of the individual who recorded the Video, and an e-mail address to contact that individual; a certification that the Entrant (or all members of an Entrant, if a duo) meet the eligibility requirements stated in Section 2 above and agree to the terms of these Official Rules; and a certification that the videographer has granted Sponsors an unlimited and irrevocable right and license to use the Video on a gratis, royalty-free basis in any media and in any manner, for any purpose, including the right to mix the Video with other videos or elements, or to make derivative works. Additionally, by entering, the Entrant agrees to grant Sponsors an unlimited and irrevocable right and license for any recordings (video, audio or otherwise) created during performances hosted by the contest.
All Submission Forms must be received during the Submission Period between 12:00 a.m. C.S.T. on February 15, 2019, and 11:59 p.m. C.S.T. on May 15, 2019. Sponsors' clock is the official timekeeping device for the Contest. Sponsors are not responsible for late or unsuccessful attempts to enter. An Entrant should be able to provide, within five (5) days of request by Sponsors or any judges selected by Sponsors, all appropriate clearances, permissions, and releases for the Video to be made publicly available and used by Sponsors in any media and for any purpose, including signed releases from the Entrant, the videographer, and any third parties appearing in the Video. Incomplete, corrupted, untimely, or unintelligible Videos or Submission Forms will be disqualified. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, such Entrant’s sole remedy is another entry in the Contest to the extent the submission of an additional entry is deemed feasible by Sponsors in their sole discretion. Sponsors reserve the right to determine, in their sole discretion, which entries have satisfied the entry requirements. An Entrant may only submit one entry. AN ELIGIBLE ENTRANT MUST SUBMIT AN ENTRY IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
By entering, each Entrant represents and warrants that such Entrant’s entry (and Sponsors’ and their designees’ use thereof) does not and will not defame or otherwise violate the rights of any third party, and does not and will not violate any federal, state, or local laws or ordinances. Each Entrant further represents and warrants that such Entrant has secured the requisite consent from any third party referenced or appearing in such Entrant’s Video, any other musicians appearing in the Video, and any individual who created the Video. Sponsors reserve the right, in their sole discretion, to disqualify any entry if Sponsors or the Contest judges cannot establish that such entry complies with the Video requirements and other terms of these Official Rules. Sponsors further reserve the right to request that an Entrant re-shoot, edit, or re-submit a Video that Sponsors believe may violate third-party rights, although Sponsors have no obligation to make such a request or to notify any Entrant of any potential or suspect infringements or violations of third-party rights. Use of bots, click farms, like factories or other forms of digital manipulation for the purpose of increasing chances of winning this competition are prohibited and are disqualifying. Sponsors further reserve the right, in their sole discretion, to disqualify any Video they believe is not consistent with the spirit and theme of the Contest.
4. JUDGING PERIOD. The Judging Period begins on February 15, 2019, and ends on or about June 15, 2019. There will be two (2) rounds of judging. The first judging period is primarily an open popular vote where contestants are responsible for promoting and soliciting “I Like This” votes on for their YouTube video submission. The first judging period concludes at 11:59 p.m. E.T. on May 31, 2019 when the number of “I Like This” votes will be tallied. Those submissions that meet the Video requirements listed in Section 3 above with the greatest number of “I Like This” votes will be forwarded to the second round of judging. Additionally, a panel of preliminary judges may select up to two (2) additional submissions to forward to the second round of judging regardless of the number of “I Like This” votes. The panel of preliminary judges will be selected in Sponsors’ sole discretion, that will consist primarily of members of Listen Local Huntsville LLC (the “Preliminary Judges”).
Approximately six (6) Videos will continue to the second and final round of judging. A panel of at least three (3) judges, industry experts selected by Sponsors in their sole discretion (the “Final Judges”) will then judge these finalists and select a single potential Grand Prize Winner based on the following criteria:
25% – Strength of moon and space exploration elements in song
30% – Musical quality and appeal
25% – Lyrical content
20% – Stage presence and charisma
5. WINNER NOTIFICATION AND ANNOUNCEMENT. The potential Grand Prize Winner, as determined by the Final Judges, will be notified by e-mail (via the e-mail address listed on the Submission Form) on or about June 8, 2019, and will be required to respond (as directed) to the notification attempt. Failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Sponsors will select an alternate Grand Prize Winner according to the Final Judges’ results. The potential Grand Prize Winner (or all members of the potential Grand Prize Winner, if a duo) will be required to execute and return a notarized affidavit of eligibility and liability/publicity release (where legally permissible) and other documents required by Sponsors within a reasonable amount of time, as determined by Sponsors in their sole discretion, including, but not limited to, Listen Local Huntsville’s Performance Release. If the potential Grand Prize Winner cannot be contacted by e-mail after the first attempt, or if the potential Grand Prize Winner (or any member of the potential Grand Prize Winner, if a duo) fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the potential Grand Prize Winner (or any member of the potential Grand Prize Winner, if a duo) is unavailable to travel within the dates specified by Sponsors, the potential Grand Prize Winner will be disqualified and an alternate entry will be selected in its place from all eligible entries received according to the judging criteria described above. Sponsors reserve the right to extend or modify the winner notification and announcement schedule as Sponsors deem necessary in their sole discretion to complete the verification process contemplated by these Official Rules and/or to select an alternate Grand Prize Winner.
6. PRIZES. One (1) “Grand Prize”: The Grand Prize winning Entrant (including all members of the grand prize winning Entrant, if a duo) (the “Grand Prize Winner”), will receive: a single $10,000 cash prize delivered to natural person in whose name the e-mail account that uploaded the Video is registered with YouTube (or the duo of which such natural person is a member) and the opportunity to perform live at ceremonies in Huntsville AL and the potential of additional locations surrounding the 50th Anniversary of the Apollo 11 moon landing in July 2019 to perform the song played in the winning Video and have that performance produced and distributed. These performances are referred to collectively as the “Performances.” Sponsors will determine, in Sponsors’ sole discretion, the song list and number of songs that will be played at the Performances. The exact dates of travel and itineraries for the Performances will be determined by Sponsors in their sole discretion.
Each member of the Grand Prize Winner will receive, in Sponsors’ sole discretion, either round-trip bus, train, or coach airfare from a station or airport within reasonable proximity to such individual’s home address, as determined by Sponsors in their sole discretion, to the locations for each of the Performances; up to two (2) one (1) night standard, double occupancy hotel accommodations in a location selected by Sponsors in their sole discretion near each of the Performances, subject to availability; transportation (or reimbursement for public transportation) for any trips made by the Grand Prize Winner between the local station, airport, or hotel and each of the Performances; and three (3) meals or, if meals are not provided by Sponsors, reimbursements for three (3) meals at a maximum amount of Twenty-Five US Dollars ($25 USD) per person per meal, with documentation of expenses, for each of the Performances. Transportation (including airlines) and hotels will be selected at the sole discretion of Sponsors; all other costs covered or reimbursed by Sponsors must be reasonable and pre-approved by Sponsors. All other travel-related fees and expenses not specifically mentioned herein are solely the responsibility of the Grand Prize Winner. Sponsors will not pay for travel, lodging, or meal costs for any individuals, including without limitation, other musicians and managers, who do not appear in the Grand Prize Winner’s Video.
The approximate retail value of the Grand Prize for one individual is Fifteen Thousand Dollars ($15,000). The actual value of the Grand Prize will depend on the number of members of the Grand Prize Winner, as well as the city of origination and the mode of transportation for each member of the Grand Prize Winner. The difference between the approximate retail value and the actual value of the Grand Prize will not be awarded. In no event will more than one (1) Grand Prize be awarded.
From time to time, Sponsors may choose to promote the Contest by asking the public to vote for their favorite Video from a duo of Videos selected by Sponsors in their sole discretion. In such instances, the vote will be for promotional purposes only, and the Video that receives the most votes from such a promotion will not receive any prize or grant of rights from Sponsors.
Each Entrant agrees that Sponsors may share information submitted by Entrant with any other person or entity for any purpose relating to the Contest, its promotion, the coordination of live events based on the Contest, or the exercise of Sponsors’ rights contemplated in these Official Rules.
7. PRIZE RESTRICTIONS. The Grand Prize Winner (or each member of the Grand Prize Winner, if a duo) will be solely responsible for any and all federal, state, and/or local taxes, and all fees and expenses resulting from acceptance of any and all prizes associated with this Contest, including but not limited to taxes, tips, entertainment, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, incidentals, transfers, transportation to a station or airport to and from each Grand Prize Winner’s home residence, and other expenses. Cash and material prizes must be awarded in person in Huntsville, AL if winner resides outside of the United States. The Grand Prize cannot be transferred or assigned to another person. No prize substitution or changes are allowed except at the discretion of Sponsors. The Grand Prize cannot be substituted or redeemed for cash. All prizes are subject to availability. All travel tickets are subject to terms and conditions stated on tickets. Exact trip dates and itineraries will be specified by Sponsors and no substitutions will be allowed. All travel must be completed on dates, times, and to/from stations or airports designated and/or approved by Sponsors. All members of the Grand Prize Winner must have valid identification and any other documents necessary for air travel. The Grand Prize is provided “as is” without warranty of any kind. No refunds or credit for changes are allowed, and no refunds or compensation will be made in the event or delay of any flight or portion of it.
With respect to any musical equipment the Grand Prize Winner requires to perform, the Grand Prize Winner is solely responsible for shipping or transporting any equipment necessary to perform at each of the Performances. Sponsors may decide, in their sole discretion, to provide or transport equipment where feasible, but Sponsors have no obligation to do so.
In the event a Grand Prize Winner (or any member of the Grand Prize Winner, if a duo) engages in behavior that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal, intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or goodwill of Sponsors or any of Sponsors' services, products, trademarks, service marks, or logos, Sponsors reserve the right to terminate the travel and Performances early, and send Grand Prize Winner (including all members, if a duo) home with no further obligations or compensation whatsoever to Grand Prize Winner, which may, in Sponsors’ sole discretion, result in Grand Prize Winner's disqualification from the Contest and forfeiture of any (and/or all) prize(s). In the event the Grand Prize Winner (or any member of the Grand Prize Winner, if a duo) engages in behavior during travel or during any of the Performances that (as determined by Sponsors in their sole discretion) is illegal, tortious, or subjects the Grand Prize Winner to arrest or detention, Sponsors will have no obligation to pay any damages, fees, fines, judgments, or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner as a result of such conduct.
In the event that all members of the Grand Prize Winner (if a duo) who performed in the Video are unable to travel or perform in connection with all of the Performances contemplated by these Official Rules, Sponsors reserve the right, in their sole discretion, to (1) disqualify the Grand Prize Winner and cause the Grand Prize Winner to forfeit all remaining prizes; (2) cancel the affected Performance without any obligation to provide a substitute performance opportunity or other compensation to the Grand Prize Winner; or (3) allow the Grand Prize Winner to substitute a new eligible performer for the missing duo member subject to the execution by such performer of any affidavits of eligibility, releases, and other agreements that Sponsors may require.
SPONSORS WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF THE GRAND PRIZE WINNER'S ACCEPTANCE OR USE OF THE GRAND PRIZE.
8. GRANT OF RIGHTS. In consideration of an Entrant's Video being reviewed and evaluated for this Contest, each Entrant (and all members of an Entrant, if a duo) hereby grants to Sponsors a non-exclusive, irrevocable, fully paid, universal license to use, copy, sublicense, transmit, distribute, publicly perform, publish, delete, or display such Video, or any portion thereof, or the musical composition contained therein, in any media now known or hereafter devised and for any purpose, including advertising or promotions, and to use the name, likeness, voice, biographical information, and image of Entrant (and all members of an Entrant, if a duo) and any other persons who appear in such Entrant’s Video in any media now known or hereafter devised and for any purpose, including advertising or promotion of Sponsors or any other person or entity at Sponsors’ discretion.
By entering the Contest, each Entrant warrants that the videographer who recorded that Entrant’s Video has granted to the Entrant a transferable license to the Video, and that the Entrant transfers to Sponsors the right to use the Video, or any portion thereof, including the right to make derivative works or to mix the Video with other videos or elements, in any media for any purpose. Entrant expressly waives any moral rights in the Video. Each Entrant also grants to Sponsors a non-exclusive, perpetual, sub-licensable, worldwide, and royalty-free right to use the musical composition performed in the Video for any purpose, whether with the Video or separate, and grants to Sponsors any synchronization, mechanical, or public performance rights necessary to use the music or Video in any media (including platforms that may not have PRO licenses) and for any purpose. Each Entrant authorizes Sponsors and any entities affiliated or in privity with Sponsors to utilize, for eternity and in any manner they see fit, the Video, and to make derivative works from such materials.
Sponsors may wish to organize “listening parties” or “meet-ups” in various cities around the United States, and in consideration of Entrant’s Video being reviewed and evaluated for this Contest, Entrant grants Sponsors and their respective affiliates and Member stations permission to contact Entrant or to provide Entrant’s contact information to venues, radio stations, or other third parties who may wish to organize concerts or events related to this Contest. Entrants may choose whether to participate in any such event to which Entrant is invited; if Entrant elects to participate in such an event, Entrant will not be compensated by Sponsors for such performances, nor will Entrant’s travel expenses be reimbursed. SPONSORS WILL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL OR PARTICIPATION IN ANY MEET-UPS, LISTENING PARTIES, OR OTHER EVENTS IN WHICH ENTRANT CHOOSES TO PARTICIPATE.
Each Entrant releases Sponsors, 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, including, without limitation, the Entrant's decision to provide the Entrant's Video to Sponsors for purposes of the Contest, will not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between Sponsors and Entrant, does not place Sponsors in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Video, and that the only contracts, express or implied, between Sponsors and Entrant are as set forth in these Official Rules and the release forms. The Grand Prize Winner may be required to complete and execute additional documents and have third parties execute Sponsors' documents in connection with the rights granted to Sponsors as a condition of prize acceptance. In addition, by participating in the Contest and submitting a Video, each Entrant hereby grants permission (except where prohibited by law) for Sponsors to use Entrant's Video, name, likeness, voice, quotes, comments, biographical information, photograph and/or image, for all members of the Entrant, for the purpose of advertising, trade, or promotion without further notice, permission, compensation, or consideration in any and all media now known or hereafter developed throughout the universe, unless prohibited by law. 9. ENTRANT REPRESENTATIONS, WARRANTIES, INDEMNIFICATION, AND RELEASE. By entering, each Entrant represents and warrants to Sponsors that: (i) the music in Entrant’s Video is completely the original work of the Entrant and was created solely by the Entrant; (ii) the Video is an original work and is not copied from any other source or previously broadcast or otherwise distributed or disseminated in any media or format, and that the videographer agrees to grant to Sponsors an unlimited, unrestricted right and license to use the Video for all purposes in all media and as described herein; (iii) the Video is not in the public domain; and (iv) the Video is not in violation of or conflict with the trademark, copyright, rights of privacy, rights of publicity, or any other rights, of any kind or nature, of any other person or entity. Each Entrant agrees to defend and indemnify Sponsors for any breach of the above representations. By submitting an entry, each Entrant agrees to indemnify, defend, release, discharge, and hold harmless Sponsors and their parent companies, affiliates, subsidiaries, promotional partners, Member stations, and agents, and all others associated with the development and execution of this Contest, and the officers, directors, and employees of each of the foregoing, from any and all claims and liabilities arising from or in connection with participation in this Contest, including, without limitation: (a) claims for injury, loss, or damage of any kind resulting from participation in this Contest or acceptance or use of any prize; and (b) claims based on rights of privacy, rights of publicity, false light, defamation, copyright, and/or trademark infringement relating to the submission or exploitation of the Entrant’s Video. If an Entrant is a California resident, such Entrant hereby waives California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Each Entrant further agrees to release YouTube from any and all liability associated with this Contest or receipt or use of any prizes.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. 10. GENERAL TERMS AND CONDITIONS. Sponsors reserve the right to terminate, modify, or suspend this Contest due to any of an act of God; unavoidable accident; epidemic; fire; blackout; act of public enemy; war, riot or civil commotion; enactment, rule, order or act of government, governmental instrumentality, or tribunal; strike, lockout, or other labor dispute; inclement weather; the recapture of any time period scheduled for the live broadcast of a program for an event of national importance or emergency; failure of technical facilities; failure of third-party software or services; failure of essential production or technical personnel to appear or be available for production or broadcast; or other cause beyond Sponsors’ control. Sponsors are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, mis-delivered, or delayed entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing, or judging of entries.
SPONSORS WILL 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.
SPONSORS RESERVE THE RIGHT TO CHANGE ANY TERM OF THESE OFFICIAL RULES OR TO ADDRESS ANY ISSUE THAT ARISES WITH UPDATES OR AMENDMENTS TO THESE OFFICIAL RULES AT ANY TIME UP TO THE DATE THAT A GRAND PRIZE WINNER IS SELECTED.