SING - REAL TALENT, FROM REAL LIFE COMPETITION
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: The “Real Talent, From Real Life Competition” (“Contest”) is open only to legal residents of the fifty United States and the District of Columbia who are thirteen (13) years of age or older at the time of entry (“Entrants”). Individuals who are employees, officers, directors, or independent contractors of Sponsor, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, persons involved in the creation, development or production (including cast and crew) of SING (the “Film”), and/or each of their respective parent, subsidiary, affiliated and successor companies (“Promotion Entities”) as well as their immediate family members (defined as parents, children, siblings and spouses, regardless of where they live) and those with whom such individuals are domiciled (whether related or not) are not eligible. Void elsewhere and where prohibited or restricted by law. Entrants under 18 (or the age of majority in their jurisdiction of residence, whichever is older) must have their parent or legal guardian’s consent to enter the Contest. Sponsor reserves the right to confirm such consent at any time by any manner including by having Entrant’s parent or legal guardian sign a parental consent form. Any reference to “Entrant” herein shall be deemed to include his/her parent or legal guardian, as applicable.
2. CONTEST PERIOD: This Contest begins at 12:01am Pacific Time (“PT”) on November 17, 2016 and ends at 11:59pm PT on November 30, 2016 (the “Contest Period”). Sponsor’s computer is the official clock for this Contest.
3. HOW TO ENTER: During the Contest Period, Entrants must upload an original video of Entrant singing, clapping and/or dancing to the song “Faith” (the “Song”) from the Film as provided by Sponsor on the Website (defined below), (each a “Submission” and collectively the “Submissions”), to the Contest website located at www.realtalentfromreallife.com (the “Website”) via direct upload or published YouTube link. All Submissions must conform to these Official Rules including, without limitation, the Submission Guidelines set forth below including any file size and technical specifications set forth herein and on the Website. Entrants will be required to provide, along with their Submissions, their first and last name, date of birth, telephone number and email address. All required fields must be entered in full in order to be considered valid. Partial or incomplete Submissions will be considered void. LIMIT: One (1) Submission per person. Multiple Submissions received from the same Entrant will not be accepted or considered. Submissions must be received by Sponsor during the Contest Period. Submissions received after the close of the Contest Period or by any other method of entry will be automatically disqualified. Each Submission must be submitted by the Entrant him or herself, except for minors where Submissions must be submitted by the parent or legal guardian of the Entrant. All Submissions must comply with the Submission Requirements set forth below. Sponsor reserves the right to disqualify any Submission that it deems in its sole discretion is inappropriate or does not conform to these Official Rules. All Submissions are the property of Sponsor and will not be acknowledged or returned. Sponsor is not responsible for late, lost, undelivered, invalid, incomplete, misdirected, illegible, destroyed or damaged Submissions, which will be disqualified. Entrants agree to be bound by and acknowledge compliance with these Official Rules.
4. SUBMISSION REQUIREMENTS: By entering the Contest, each Entrant represents and warrants that his/her Submission complies with the following:
(a) For direct uploads, the maximum file size of each Submission must not exceed 300MB and each Submission must be provided in one of the following formats: .mp4 .mov.
(b) The length of the Submission must not exceed the length of the Song.
(c) The Submission must be Entrant’s original work, created solely by Entrant; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
(d) The Submission must not contain or reference any brand names, products or services of any company or any third party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service. Nor shall the Submission contain any content, images, artwork or other creative elements that are not created by and original to Entrant. Notwithstanding the foregoing, Entrant has a limited, non-exclusive, revocable license to use Sponsor’s trademarks and the Song solely and only to incorporate it into his/her Submission in this Contest.*
(e) If any persons other than Entrant appear in the Submission, Entrant must have each person(s) written consent to use and publish his/her image as contemplated in the Contest prior to submitting the Submission (and, if such person(s) are minors – under the age or majority in jurisdiction of residence, generally under age 18 – the written consent of their parent or legal guardian). Sponsor reserves the right to receive copies of such releases upon request. Do NOT include any personal information (e.g., your name, e-mail address or phone number) in the Submission itself; if Submission contains personal information, it is your sole responsibility to remove all such personal information from the Submission before uploading the Submission to the Contest.
(f) Submissions must not contain content, images or other material that is misleading, inappropriate, indecent, lewd, obscene, offensive, sexually explicit, pornographic, harmful, hateful, tortious, disparaging, defamatory, slanderous or libelous or depicts an unsafe practice.
(g) Submissions must not contain content, images or other material that reflects, advocates or promotes bigotry, racism, hatred, harm or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or actions or activities that are restricted, prohibited, illegal or unlawful (including without limitation, the consumption of alcohol or any other controlled substances).
(h) Submissions must not contain content, images or other material that is unlawful or in violation of or contrary to any applicable federal or state laws or regulations.
(i) To be eligible, Submission must be submitted in compliance with the format and other terms and conditions set forth on the website where persons may submit entries (that is, the Contest Website or YouTube, as applicable); such requirements being made a part of these Official Rules and incorporated herein by reference.
If a file and/or Submission cannot be opened, viewed and/or accessed by Sponsor for any reason whatsoever, that file and/or Submission shall be disqualified without any fault or liability of the Released Parties (as defined below). Sponsor reserves the right in its sole and unfettered discretion to disqualify any Submission for any reason, including but not limited to a violation or potential violation of any of the foregoing requirements or a failure to comply with any provision of these Official Rules. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
*Sponsor grants to each qualified Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to include positive, non-disparaging, textual references to the Film and the Song (“Sponsor Content”) (but not any trailer, Film clip, image, talent, music (other than the Song), or advertising material from or for the Film) solely for purposes of and limited to including them in the Submission submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of the Sponsor Content will be a violation of Sponsor’s or its applicable licensor’s intellectual property rights. The Sponsor Content cannot be modified, adapted, or edited by Entrant.
5. GRANT OF RIGHTS: By uploading a Submission, each Entrant grants permission (and warrants and represents that he/she has obtained all rights necessary to give such permission and grant the license herein described, including from the videographer, if other than Entrant, and other person(s) appearing in the Submission, as applicable) to Sponsor and its designees and hereby grants Sponsor and its designees a royalty-free, irrevocable, perpetual, worldwide, sub-licensable, non-exclusive license (herein “License”) to publish, display, reproduce, post, edit, adapt, modify, use or otherwise exploit Entrant's Submission and its contents including, without limitation, Entrant’s name, image, likeness, voice, performance, sound effects and all other information or material contained in the Submission, on any media and through any means now known or hereafter devised, including without limitation, the World Wide Web, and make derivative works therefrom, without notice or compensation in connection with this Contest, the Film, and/or the advertising, promotion, and publicity of the Contest, the Film or any of Sponsor’s products and services, and otherwise, as stated in these Official Rules (as solely determined by Sponsor). The foregoing grant of rights includes, without limitation, the right of Sponsor to edit, splice and combine Submissions and to make a mash-up video from among all Entrant Submissions for use on the World Wide Web including on the Website and social media and on the Film’s DVD/Blu- Ray or any other manner or means in Sponsor’s sole discretion. Entrant further agrees, upon Sponsor’s request, to timely complete, sign and deliver any and all necessary documents, including without limitation, documents setting forth any licenses, releases and indemnities that Sponsor in its sole discretion may require, to confirm the foregoing license, without condition or compensation of any kind, as well as to use his/her best efforts to facilitate Sponsor’s procurement of similar confirming documents from the videographer, if other than Entrant, as well as from persons other than the Entrant appearing in the Submission.
Entrant acknowledges and agrees that his/her Submission will be posted online in connection with the Contest and Entrant releases and agrees to hold harmless Released Parties (as defined below) from any and all liability associated with any use (or non-use) of Entrant’s Submission on the Website, including his/her express acknowledgment that (a) if posted, posting of the Submission does not constitute any representation by Sponsor as to Contest eligibility; (b) if posted, the Submission as posted may differ from the Submission submitted by Entrant, and may not be viewable at all times, due to technological limitations/malfunctions/errors or other causes; (c) an Entrant’s Submission will be displayed together with other Entrant Submissions and Entrants’ Submissions may be used or displayed in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in Sponsor’s sole discretion.
Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Submission and that Sponsor has wide access to ideas, stories, photos, videos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/photos/videos/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the Submission submitted by Entrant and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith.
6. WINNER SELECTION: Entries will be judged by a panel of qualified judges (the “Judges”) who will evaluate the Submissions using the following criteria weighted equally: (i) vocal talent (20%); (ii) energy and passion of performance (20%); (iii) diversity in musical interpretation (20%); (iv) charisma (20%); and (v) potential chemistry with other Entrants (20%). On or about December 5, 2016 (“Selection Date”) the Judges, using the criteria set forth above, will select the top three (3) Entrant Submissions from all eligible Submissions received during the Contest Period as potential winners in the Contest. The decisions of the Judges are final and binding. In the event of a tie between any eligible Submissions, the tie will be broken by an additional judge who will evaluate the tied Submissions based on the same criteria listed above. The potential winners (or his/her parent or legal guardian, as applicable) will be notified by telephone and/or email address within approximately forty-eight (48) hours of the Selection Date at the telephone number and/or email address provided at the time of entry. Return of any winner notification as undeliverable, inability to reach selected Entrant or failure of potential winner to respond to the initial verification notice within twenty-four (24) hours after notification will result in disqualification. Prior to being declared a winner, the potential winners (or his/her parent or legal guardian, as applicable) will be required to complete, sign and return an affidavit of eligibility and liability and publicity release form (the “Winner Documents”), by the deadline specified in the documents. If the Winner Documents are not returned to Sponsor within specified time period (if applicable), or the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, potential winner may be disqualified. If potential winner is disqualified, prize will be awarded to an alternate winner selected from all remaining non-winning eligible Submissions received during the Contest Period, who will be subject to disqualification in the same manner. In the event of any dispute concerning the identity of any Entrant, the Submission will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account used to participate in the Contest. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access 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.
7. PRIZES: There are three (3) prizes (each a “Prize” and collectively, the “Prizes”) available to be won, each consisting of the following:
(a) Attendance at the Next Rising Star Workshop at the YouTube Space in Los Angeles, CA currently scheduled to take place on December 15, 2016, and at the YouTube Space Live Event in Los Angeles, CA currently scheduled to take place on December 16, 2016, but dates are subject to change in Sponsor’s sole discretion;
(b) Two (2) round trip, economy-class airfare for winner and his/her guest from the major airport closest to winners residence to Los Angeles, CA, both airports selected by Sponsor in its sole discretion;
(c) Ground transportation to/from hotel and airport in Los Angeles; and (d) Three (3) nights/four (4) days hotel accommodations based on a standard room (double-occupancy) at a hotel selected by Sponsor in its sole discretion for winner and his/her guest.
Approximate retail value (“ARV”) of each Prize is $2,400. Total ARV: $12,000. Winner is not entitled to the difference, if any, between the actual and approximate retail value of the Prize. Prize must be accepted as awarded, is non-transferable, non-exchangeable and not redeemable for cash or otherwise. Sponsor reserves the right to substitute a Prize or any portion thereof for one of equal or greater value if a designated Prize or any portion thereof should become unavailable for any reason, or for any other reason in Sponsor’s sole discretion. Sponsor makes no representations or warranties with respect to any Prize.
Winner is responsible for all federal, state, local and income taxes associated with winning Prize. Any other costs or expenses associated with the Prizes will be the sole responsibility of selected winners and his/her guests. Without limiting the generality of the foregoing, all travel related expenses, including but not limited to, ground transportation to and from home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, baggage fees, departure taxes, hotel, resort or property fees, food & beverage and personal expenses such as telephone/internet charges, and gift shop purchases are the sole responsibility of the winner and his/her guest. Winner will be required to use a credit card or cash deposit upon hotel check-in for all incidental charges including food, phone calls, room service, etc. Winner and guest must travel on same itinerary. Winner is responsible for any charges incurred for name changes, or trip changes or cancellations. Trip must be taken on the dates determined by Sponsor in its sole discretion. All travel and hotel accommodations are based on availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. If weather, strike, or any other factor outside the control of Sponsor affects the ability for winner and his/her guest to redeem any portion of Prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guests other than to supply the remaining elements of the Prize package minus the unused portion of Prize. If for any reason whatsoever, winner and/or guest are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Prize is forfeited after confirmation of award to a winner, Sponsor is under no obligation to award the Prize to an alternate winner. Winner and guests are responsible for obtaining the proper travel documentation (e.g., valid photo ID) prior to travel. Winner’s guest must be a legal U.S. resident and eighteen (18) years of age or older. Guests must complete and return a Liability/Publicity/Travel Release prior to travel as noted above. In the event that winner's guest is under the age of majority in his/her state of residence, the parent or legal guardian of winner's guest must sign the Releases and be available for verification, in Sponsor's sole discretion, prior to travel. Limit: One (1) Prize per person and per household.
8. ODDS OF WINNING: The odds of winning are determined by and depend upon the total number of eligible Submissions received during the Contest Period and the decisions of the Judge(s) using the criteria outlined above.
9. PERSONAL INFORMATION/PUBLICITY: Sponsor and its authorized agents will collect, use, and disclose the personal information provided at the time of entry solely for the purposes of administering the Contest and Prize fulfillment. By entering this Contest, Entrant consents to such collection, use, and disclosure of Entrant’s personal information. By accepting a Prize, winner agrees to Sponsor's use of his/her name, city/state of residence, picture, biographical information, statements, voice, performance and likeness in any advertising and publicity Sponsor may conduct relating to the Contest in any manner or media (whether now known or hereafter devised), anywhere in the world, in perpetuity.
10. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY: Sponsor reserves the right to terminate, suspend or modify this Contest, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor's sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect entries and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the Prizes from among the eligible, non- suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above. Notice of termination/modification/suspension of the Contest will be posted on the Website.
11. GENERAL CONDITIONS: Winning a Prize is contingent on fulfilling all the requirements set forth herein. Mass entries, automated entries, entries submitted by third parties, and any entries or Prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All entries and Prize claims are subject to verification. Proof of entry does not constitute proof of receipt. Entrants agree to abide by these Official Rules. Decisions of Sponsor and/or any of the Judges, as applicable, will be final and binding on all matters pertaining to this Contest. Contest is subject to all applicable federal, state and local laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, then the Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her Prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Contest and/or Contest Website, violates these Official Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE, WEBSITE OR PLATFORM ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
12. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS PROMOTION ENTITIES AS WELL AS EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS AND REPRESENTATIONS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES OR LIABILITIES OF ANY KIND TO PERSONS OR PROPERTY (INCLUDING DEATH) ARISING OR RESULTING IN ANY MANNER, DIRECTLY OR INDIRECTLY, FROM ENTRY OR PARTICIPATION IN THIS CONTEST AND/OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. Without limiting the foregoing, the Release Parties shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Contest Website users, or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Submissions in the Contest; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f) failure of any e-mail to be received by or from Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Contest; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
13. DISPUTES: To the fullest extent permitted by law, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Competition or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or an appropriate California State Court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Competition, but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Competition shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. NO INJUNCTIVE RELIEF: EACH ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE SHALL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE CONTEST OR THE FILM, OR ANY OTHER MOVIE, PRODUCTION OR PROJECT OF SPONSOR OR ANY OF ITS AFFILIATES.
15. WINNERS’ LIST: For names of the winners, mail a separate, self-addressed, stamped envelope for receipt no later than December 2, 2016 to: “SING – Real Talent, From Real Life Contest – Winners List”, c/o 100 Universal City Plaza, Building 2160 8H, Universal City, CA 91608 Attention: Digital Marketing.
16. SPONSOR: The Sponsor of this Contest is Universal Pictures Marketing, a division of Universal Film Exchanges LLC, 100 Universal City Plaza, Universal City, CA 91608.
©2016 UNIVERSAL STUDIOS