Official Rules
June 3, 2010 – June 27, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. Void outside the WCAU terrestrial geographic viewing area and where prohibited. The WCAU Talent Search at Six Flags Contest (the “Contest”) will begin on June 3, 2010 at 12:00pm Eastern Time (“ET”) and end on June 27, 2010 at 11:59pm ET (“Contest Entry Period”). Entry into this Contest constitutes your acceptance of these Official Rules. The Contest will be run in conjunction with The 10! Show (the “Show”), which airs weekdays at 11:00 am ET on WCAU (“NBC10”). All times in this Contest refer to Eastern Time.
SPONSORS: NBC10/WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, NBC Universal, Inc. (“NBC”), 30 Rockefeller Plaza, New York, NY 10112, and Six Flags Great Adventure Theme Park, 537 Jackson Mills Rd, Jackson, NJ 08527 shall be the sponsors (collectively, “Sponsors”) of this Contest.
ELIGIBILITY: Open only to legal, permanent U.S. residents physically residing within the NBC10 terrestrial geographic viewing area in the counties of Berks, Lehigh, Northampton, Bucks, Montgomery, Chester, Delaware, and Philadelphia in the state of Pennsylvania; the counties of Burlington, Camden, Gloucester, Cape May, Atlantic, Salem, and Cumberland in the state of New Jersey; and the counties of New Castle and Kent in the state of Delaware; who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Entry Period. Contestants are not permitted to have any current recording or talent management agreements or any other similar agreement that might negatively affect their ability to participate in the Contest as determined by the Sponsors in their sole discretion.
Officers, directors, and employees of Contest Entities (as defined below), members of their immediate families (spouses, and parents, children, siblings and their spouses, regardless of where they reside) and members of the households of any of the above (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsors, their respective administrative, advertising and promotion agencies, their parent, subsidiary and affiliate companies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
Contestants must also be of good moral character. NBC10 reserves the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). Contestants must have nothing in their background that would be an embarrassment to Sponsors or the Show, and contestants may not be elected officials or currently running for any political office (local, state or federal). Each contestant must be willing to sign a publicity release and an affidavit attesting that he or she meets all of the foregoing eligibility requirements at NBC10’s request. NBC10 reserves the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in NBC10’s sole discretion. Contestants must agree that, if selected as a Semi-Finalist or Finalist (both as defined below), they will be available to travel to Bala Cynwyd, PA as designated by NBC10 in its sole discretion, on dates chosen by NBC10, which are subject to change in the sole discretion of NBC10.
HOW TO ENTER: To enter, access the NBC10 website at www.nbcphiladelphia.com (the “Website”), and search for the keywords “Six Flags.” Follow the provided instructions to complete the entry form, including your name, address, telephone number, email address, and date of birth (“Entry Form”). As part of the entry, you will also be required to upload or send (as described below) one (1) original video created entirely by you (the “Video”) consisting of one musical performance of an original song created entirely by you, with your own vocals, lyrics and music. Your original song (no cover songs or the like) must not have been recorded and/or released by a record label or any other similar entity and to which you own all of the rights (the “Song”). The Video should be no more than four (4) minutes long. If a Video is longer than four (4) minutes, only the first four (4) minutes will be reviewed and judged and the remainder of the Video will be disregarded. You may upload your Entry Form and Video (collectively, “Online Entry”) online according to the provided instructions in the following formats: Windows Media Video and Quicktime. Alternatively, you may submit your Video using either the VHS or DVD formats. Once you have created the Video, print your name, address, telephone numbers (daytime and evening) and email address on a label, and affix the label to your Video. Send the labeled Video, and your completed Entry Form (including a signed copy of the Affidavit of Eligibility/Publicity Release, as required) (collectively, “Mail-In Entry”) in a single package to the following mailing address: The 10! Show, NBC, c/o NBC10 “Talent Search at Six Flags Contest”, 10 Monument Road, Bala Cynwyd, PA 19004. All Entries must be postmarked by June 27, 2010, and received no later than July 2, 2010.
Online Entries (and together with Mail in Entries, “Entries”) must be received no later than June 27, 2010 at 11:59 P.M. in order to be eligible for the Contest. Limit one (1) Entry per person for the duration of the Contest Entry Period. Multiple entries received from any person or household above this limit will void all such additional entries and only the first eligible entry received from such person or household will be eligible for entry. Entrant can enter as either a solo artist or as a member of a band. Entrants cannot enter a both a solo artist and as a member of a band. As used herein, "contestant" shall refer to either a solo artist or a band, as applicable.
Your Entry Form and Video (including Song) constitutes one Entry into the Contest. Videos and Songs must be original, unpublished, created solely by the submitting contestant, must not have been submitted in any other competition, and must not include any music, sound recordings, singing, photos, film, or other images that are not originally taken or created by you and must not infringe upon any rights of any third party, including but not limited to copyright, trademark, and right of privacy and publicity. There must not be any background containing artwork or recognizable commercial logos, or any inappropriate or offensive materials in the Video as determined by NBC10 in its sole discretion. In case of a dispute over the identity of a contestant who submitted a potentially winning Entry, NBC10 reserves the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of Entry.
By entering, you agree that you created the Video and the Song and that you have any required permissions to submit your Entry to the Contest subject to the terms of these Official Rules. Entries that are incomplete, illegible, garbled, late, damaged, corrupted, or postage due are void and will not be accepted. By entering, you agree that the Video, the Song and any other portion of your Entry may be broadcast on NBC10 and in promotions and advertisements for the Show. All Entries become the property of the “Sponsors” and will not be acknowledged or returned.
By entering the Contest, contestant grants “Sponsors” the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length), and otherwise exploit the contestant’s Video and Song , and to incorporate the Video and/or the Song in other works in any and all markets and media now or hereafter known, worldwide in perpetuity, without additional compensation, notification, permission or approval. Contestants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that Sponsors’ reproduction, publishing, displaying, and/or other use of their Entry, or any portions thereof will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any Videos and/or Songs containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when recording his/her Video on private property not owned or controlled by contestant, where such permission is required. Upon request, you must provide NBC10 with signed releases from the owners of any private property where you recorded your Video. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Videos.
SELECTION AND NOTIFICATION OF THE SEMI-FINALISTS, FINALISTS, AND GRAND PRIZE WINNER: There will be three (3) rounds of judging: Round 1: Semi-Finalist Judging, Round 2: Finalist Judging, and Round 3: Grand Prize Judging.
(A) Round 1 Semi-Finalist Judging. On or about July 1, 2010, a panel of qualified judges comprised of employees from NBC10 (“Judges”) will review the eligible Entries received during the Contest Entry Period and select up to twenty (20) contestants (each a “Round 1 Winner”) based on the following judging criteria measured on a 100-point scale: personality (twenty-five (25) points), creativity (twenty-five (25) points), and vocal ability (fifty (50) points). The selection and review process may occur on a rolling basis as Entries are received. Judging will be based on the Videos or other solicitations for more information that NBC10 may elect to conduct with some or all -potential Round 1 Winners. In the event of a tie, the Judges will break the tie by selecting the tied contestant who received the highest points for vocal ability from the Judges. NBC10 will make two (2) attempts to notify potential Round 1 Winners at the phone number(s) and/or email address submitted at the time of entry. All Round 1 Winners will be required as a condition of continued eligibility to complete and sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification. Each potential Round 1 Winner must agree to make himself/herself available to be in Jackson, NJ on July 6, 2010, or on such other date as designated by NBC10 in its sole discretion and must agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd (or in another location selected by NBC10 in its sole discretion). If for any reason any of the potential Round 1 Winners do not meet any of the above requirements, or do not satisfactorily execute all of the Contest Documents, each as determined by NBC10 in its sole discretion, he/she may be disqualified and the Judges may select the runner-up with the next highest score based on the judging criteria above as an alternate potential Round 1 Winner. Each potential Round 1 Winner must agree to keep in strictest confidence and not to disclose to any person, including other contestants, or any other third party, any information whatsoever concerning the fact that they are potential Round 1 Winners. NBC10 reserves the right to pick fewer than twenty (20) Round 1 Winners or no Round 1 Winners or to extend the Contest Entry Period, if in its sole discretion; it does not receive a sufficient number of eligible and qualified entries.
(B) Round 2: Finalist Judging. Beginning on or about July 6, 2010, the Round 1 Winners will appear at Six Flags Great Adventure Theme Park, 537 Jackson Mills Road, Jackson, NJ 08527, in order to compete in a live audition challenge. Each contestant will be required to perform an original song (it may be the Song submitted as part of the Entry, or another original song) that has not been recorded and/or released by a record label and to which such contestant owns all of the rights. The performance may be performed a cappella or with an instrumental accompaniment provided by either the Round 1 Winner or a band (at least one (1) member of the band must reside within the NBC10 terrestrial geographic viewing area and the band must provide its own transportation to Jackson, NJ). The performances will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: vocal ability (fifty (50) points), originality of performance (twenty-five (25) points), and overall creativity (twenty-five (25) points) (collectively, the “Finalist Judging Criteria”). The ten (10) contestants that receive the most points from the Judges based on the Finalist Judging Criteria above will be deemed finalists (each, a “Finalist”) and will advance to Round 3: Grand Prize Judging. In the event of a tie in Round 2: Finalist Judging, the tied Finalists will be judged by an additional tie-breaking judge using the Finalist Judging Criteria above to determine which of the tied Finalists will advance to Round 3: Grand Prize Judging. NBC10 reserves the right to advance fewer than ten (10) Finalists or no Finalists to Round 3: Grand Prize Judging for any reason, in its sole discretion. NBC10 will make two (2) attempts to notify potential Finalists at the phone number(s) and/or email address submitted at the time of entry. Each potential Finalist must agree to make himself/herself available to be in Bala Cynwyd, PA on a Thursday from July 15, 2010 to August 26, 2010, or on such other date as designated by NBC10 in its sole discretion and agree to appear live on the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion).
(B) Round 3: Grand Prize Judging. On or about August 31, 2010, following the Round 2: Finalist Judging period, the ten (10) Finalists will appear on the Show, in order to compete in the final competition, in which each Finalist will prepare one (1) musical performance (it may be the Song submitted as part of the Entry, the song performed in Round 2: Finalist Judging, if different, or another original song) with vocals of an original song that has not been recorded and/or released by a record label or any other similar entity and to which you own all of the rights. The performances will be reviewed by the Judges, as well as potential featured guest judges, based on the following judging criteria: vocal ability (fifty (50) points), originality of performance (twenty-five (25) points), and overall creativity (twenty-five (25) points) (collectively, the “Grand Prize Judging Criteria”). The contestant that receives the most points from the Judges based on the Grand Prize Judging Criteria above will be deemed the potential grand prize winner (“Grand Prize Winner”). The Grand Prize Winner will be announced on the Show on September 7, 2010, and will be awarded the grand prize (“Grand Prize”) subject to any additional eligibility verification required by Sponsors in their sole discretion. In the event of a tie in Round 3: Grand Prize Judging, the tied Grand Prize Entries will be judged by an additional tie-breaking judge, using the Grand Prize Judging Criteria above, to determine which of the tied Finalists will be the Grand Prize Winner. NBC10 reserves the right to select no Grand Prize Winner, in its sole discretion. The potential Grand Prize Winner must agree to make him or herself available and agree to appear live on the Show, if requested to do so by the Show and to otherwise be available to be videotaped and/or interviewed by the Show, in their homes, or in the broadcast studio in Bala Cynwyd, PA (or in another location selected by NBC10 in its sole discretion), on dates selected by NBC10. If a potential Grand Prize Winner cannot be reached or if he/she is found to be ineligible, if he/she cannot or does not comply with the foregoing requirements and these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential Grand Prize Winner will be disqualified and NBC10 will award the prize to the runner-up Finalist with the next highest score based on the Grand Prize Judging Criteria above.
The decisions of the Judges and NBC10 are final and binding. Contestants agree that NBC10 may record and broadcast NBC10 advising contestant that he or she has been selected as a Semi-Finalist, Finalist and/or Grand Prize Winner in NBC10’s sole discretion. NBC10 reserves the right to make public personal information about the contestants on-air, prior to, during, or following the Contest.
PRIZE: Grand Prize: There will be one (1) grand prize (“Grand Prize”) awarded consisting of one (1) recording session at Studio TEN Creative Group (“Recording Session”) and three (3) live musical performance segments on the Show (“Music Segments”) (Must be an original creation, but may be a performance of the Song submitted as part of the Entry, as part of one of the phases of judging, or another original song). Recording Session will include Grand Prize winner’s (“Winner”) choice of a one-day, one-song audio recording session using Studio TEN’s ProTools suite and two (2) DVDs of such audio recording, or a one-day music video recording session using Studio TEN’s AVID video suite, two (2) hours of graphics time (if needed), two-camera shoot with lighting, one (1) technician and two (2) DVDs of video. Recording Session does not include session musicians or instruments. The Estimated Retail Value (“ERV”) of the Grand Prize is five thousand dollars ($5000). Sponsors will furnish an IRS 1099 form to winner for the ARV of Grand Prize for the tax year in which Grand Prize was won. Music Segments have no cash equivalent value. The nature and all details of the Music Segments will be determined by NBC10 in its sole discretion. NBC10 will determine all other prize details in its sole discretion. NBC10 reserves the right to substitute a Grand Prize (or Grand Prize element) of comparable or greater value for any reason at NBC10’s sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Winner. Grand Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by Winner. If Grand Prize is unclaimed prior to dates designated by NBC10 in its sole discretion, it will be forfeited. If a Grand Prize element is not available for any reason, as determined by NBC10 in its sole discretion, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of NBC10’s prize obligation to Winner and no additional compensation will be awarded.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof.
If the Show is not in production or is cancelled prior to or pre-empted during the period in which Music Segments were to take place, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Winner and no additional compensation will be awarded. If Winner fails to appear in a timely manner for the Music Segments, as determined by NBC10 in its sole discretion, the Music Segments may be cancelled and the Music Segments portion of Grand Prize may be forfeited. No person other than Winner and persons deemed necessary by NBC10 in its sole discretion may be present at the Music Segments. If NBC10, in its sole discretion, elects to incorporate the audio and video recording of the Music Segments (“Recordings”) into the Show or other television shows, the Music Segment and/or the Recordings will not be considered an employment opportunity, and Winner will not be entitled to compensation or credit therefore. The nature of the Recordings will be determined by NBC10 in its sole discretion. If the Music Segments and/or the Recordings are broadcast, such broadcast will be at a time, for a length of time, and on a date determined by NBC10 in its sole discretion. Winner will be required to return completed, signed, and notarized appearance and location releases and such other documents as may be required by NBC10. Failure of Winner to complete and execute these documents in a timely manner, as determined by NBC10 in its sole discretion, may cause disqualification and Grand Prize may be forfeited by Winner at NBC10’s sole discretion. The content of the Music Segments and/or the Recordings as, and if, finally broadcast and the number of broadcasts and re-broadcasts thereof, if any, will be determined by NBC10 in its sole discretion. Winner will have no right of review, notice, or approval of the content of the Recordings or any broadcast thereof. NBC10 has the right, in its sole discretion, to disqualify Winner, cause the Grand Prize to be forfeited, and remove Winner from the Show at any time, if Winner’s behavior is deemed by NBC10 to be disruptive or if it may or does cause damage to person, property, or reputation of NBC10 or if it otherwise violates the policies of NBC10, or if Winner does not follow the directions of NBC10 at all times. These Official Rules and the Contest itself are neither a contract nor an application for employment.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’s heirs, executors and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such contestant’s participation in the Contest (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of a prize, or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties 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, including express warranties provided exclusively by the Prize supplier that are sent along with a Prize; (c) if selected as the Winner, to the posting of such contestant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all actions of NBC10 and Judges, whose decisions are final and binding. Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, suspend or modify the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification or suspension, Sponsors reserve the right to select a Semi-Finalist, Finalist, and/or Grand Prize Winner, as applicable, and award the Grand Prize in their sole discretion from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification or suspension based on the judging criteria described above. Notice of such cancellation, modification or suspension will be posted on the Website. NBC10 may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.
Released Parties assume no responsibility for any injury or damage to contestants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any publicity, promotional, advertising or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, returned, corrupted or postage due.
DISPUTES: THE CONTEST IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the winners, available after September 8, 2010, visit www.NBCPhiladelphia.com or for an additional copy of these Official Rules, send a self-addressed, stamped envelope to be received by October 13, 2010 to: [WCAU Talent Search at Six Flags “RULES” or “WINNER’S NAME” (specify which), to 10 Monument Road, Bala Cynwyd, PA 19004.
ã2010 NBC Universal, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.
