Legal Rules

THE “ROBERT MICHAELS’ TALENT SEARCH CONTEST” OFFICIAL RULES AND REGULATIONS (“RULES”)

THIS CONTEST IS ONLY OPEN TO RESIDENTS OF CANADA ,18 YEARS OF AGE AND OLDER, AND IS GOVERNED BY CANADIAN LAW. By entering this Contest, entrants agree to abide by these Rules. The decision of Melaby Music, Inc. (Melaby Music) with respect to all aspects of the Contest, are final. The Contest is in no way sponsored, endorsed or administered by, or associated with YouTube, SoundCloud, GOOGLE Hang Outs, or any other video or music sharing website. You understand that you are providing your information to Melaby Music. The information you provide will only be used to administer the Contest in accordance with the Melaby Music. privacy policy located at melabymusic.com. Any questions, comments or complaints regarding the Contest must be directed to Melaby Music.

NO PURCHASE NECESSARY: Melaby Music’s “Robert Michaels Talent Search” (the “Contest”) is sponsored by Melaby Music. (the “Sponsor”).

1. ELIGIBILITY:
The contest is open to all Canadian vocalists and instrumentalists who are legal residents of Canada , at least 18 years of age or older at time of entry, and not be an employee of the Sponsor, or agents, their respective advertising or promotional agencies, its media sponsors, or the third parties engaged by the Sponsor to assist it in administering the Contest or a member of any such employee’s immediate family (regardless of where they live) or persons with whom they are domiciled (whether related to the employee or not). In these Rules, “immediate family” includes mother, father, brothers, sisters, sons, daughters, partner and/or spouse. Contestants under the age of majority must have parental consent prior to entering the contest, and must prove parental consent before the prize will be awarded. The Sponsor shall have the right at any time to require proof of identity and/or eligibility to participate in the Contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsor for the purpose of the Contest must be truthful, complete, accurate and in no way misleading. Sponsor reserves the right, in its sole discretion, to disqualify any entrant should such an entrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.

2. CONTEST PERIOD:
Between March 15st, 2016 and September 15th, 2016 (the “Contest Period”) Melaby Music will gather eligible video and mp3 entries and embed them to the contest site, “www.melabymusic.com”.

3. HOW TO ENTER THE CONTEST:
(A) To enter the Contest, create and upload an original video post on YouTube or another free video sharing site of your band, group, or yourself performing live, with the tag “robertmichaelstalentsearch” and mentioning +Robert Michaels in the comments. You must clearly name all performers in the video. Your post must be a live performance, include the tag and comment mention, and comply with the YouTube.com or other video sharing site’s terms of use and the content requirements (detailed in rule #4 below). By entering your video performance, you will automatically receive one (1) entry into contest. Additional MP3s must be sent directly to Melaby Music with links to your video entry.

4. COMMENT FORMAT AND CONTENT:
(A) Limit of one (1) entry per performer. Anyone found to use fake or multiple accounts to enter the Contest will be ineligible to participate in the Contest. Use of any automated, script, macro, robotic or other program(s) to enter or otherwise participate in this Contest is prohibited and will automatically result in disqualification from the Contest. In the event an entrant responds with inappropriate content, in the sole discretion of the Sponsor, he or she will be disqualified from the Contest. Anyone found “spamming” by posting multiple unrelated comments or pictures that are unrelated to the Contest or by sending large numbers of duplicate comments or videos unrelated to the Contest will be disqualified from the Contest. In the event of a dispute, online entries will be deemed to have been submitted by the authorized account holder of the YouTube account submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned a YouTube account by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning YouTube accounts for the domain associated with the submitted YouTube account. The selected entrant(s) may be required to provide proof that he/she is the authorized account holder of the YouTube account associated with the selected entry name change. By entering the Contest, entrants agree to abide by and be bound by these Rules.

(B) Must be in English

(C) Must contain the video tag “robertmichaelstalentsearch”

(D) Must contain the comment with mention +RobertMichaels

(E) Must contain the names of all performers

(F) Must not, in the sole and unfettered discretion of the Sponsor, contain any offensive, obscene, immoral, or illegal depictions.

(G) Must be intended for family audience viewing and contain only content that, in the sole and unfettered discretion of the Sponsor, is suitable for all persons, including persons under the age of 13.

(H) Must not, in the sole and unfettered discretion of the Sponsor, contain any nude, sexually explicit, disparaging, discriminatory, libelous or other inappropriate content; including, but not limited to, crude, vulgar, or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct (including but not limited to the use of alcohol or drugs); personal information of individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic).

(I) Must not contain any third party trademarks or logos

(J) Must not violate any law

(K) Entrant represents and warrants that their video is wholly original to entrant, that entrant owns or control all right, title, and interest in to the video and performance, that they have the authority to use the video, performance, and song for the purposes of this contest and posting the video, and for the purposes of granting to Sponsor the right to use the video, performance, and song as set out in these rules, and that no further permissions or payments are required for the use of the video, performance, and song by entrant, or by Sponsor for the purposes set out in these Rules.

5. PRIZES:
There will be one (1) Grand Prize Winner during the Contest:

The Winner will receive: $5000.00 value of recording studio time at Melaby Music Studios in the production of a single to be release and promoted nationally and be a “Featured Performer” with Robert Michaels during 2016/2017 tour dates, .

An entrant may only win one Prize during the Contest Period.

The Prize Winner must abide by any rules or requirements of the event venues and Robert Michaels during tour performances.

The Prize Winner and his/her travelling companion are solely responsible for all costs not expressly described herein, including, without limitation, as applicable, taxes, fuel/currency surcharges, ground transportation, meals and beverages, room service, gratuities, merchandise, telephone calls, insurance, any required travel documentation, all personal expenses of any kind or nature, and any overnight layover. Departure dates and accommodation are subject to availability and change without notice or compensation. The Prize winners are also solely responsible for all costs incurred to and from the Departure Point as the Prize originates and terminates there. It is the sole responsibility of the Prize winners to obtain all necessary travel documentation including passports and visas, and to comply with any customs and immigration requirements, as applicable. The Prize winners must be able to travel at the times and dates as determined by the Contest Sponsor, in its sole discretion and authority, failing which the Prize will be forfeited. It is recommended that the Prize winner and his/her travelling companion obtain sufficient personal insurance prior to departure.

The Prize must be accepted as awarded without substitution, or will be forfeited. The Prize is not transferable, not assignable, not for resale and has no cash surrender value (in whole or in part). Fulfillment of Prize is based on availability and the Sponsor reserves the right, in the event that the Prize cannot be awarded as described, in whole or in part, for any reason, to substitute another prize of equal or greater value, without liability. No financial compensation will be made or required if actual prize value is lower than the total value quoted in these rules. Each selected entrant must confirm eligibility to enter the Contest as described in Section #1.

6. WINNER SELECTION:
PRIZES: The winner will be selected by three (3) judges, two (2) judges selected from the music industry and one (1) judge selected from the general public. The judges will select five (5) finalists from the submissions. The five (5) finalists will then take part of a “Live Audition” using the Google hangout platform. The three (3) judges will decide on a winner after the live auditions are completed the potential winner from among all the eligible entries, based on the following criteria:
Performance, Creativity, Overall Likeability, and Entertainment Value, all weighted equally.
Chances of winning a prize are dependent upon the number of eligible entries received during the Contest Period and the evaluation of the judges. An entrant may only win one Prize during the Contest Period.

7. AWARDING OF THE PRIZE:
The Sponsor will attempt to contact the selected entrant by email or telephone within 24 hours of being selected to confirm identity. A declaration and release form (the “Release Form”) will be issued for completion by the selected entrant in order to confirm that entrant has abided by all the Rules. If the selected entrant (a) does not respond within two (2) business days of notification, or (b) fails to return the properly executed Release Form within the specified time (see Section 8), or his/her identity and/or confirmation that he/she is the Authorized account holder of the YouTube account associated with the entry cannot be proven to the satisfaction of Sponsor, then he/she, and by extension, their performing group, will be disqualified and another entrant will be selected by the same process until such time as a winner is declared or there are no more eligible entries, whichever comes first. The Sponsor will not be responsible for failed attempts to contact a selected entrant.

8. All members of the selected groups will be required to sign a Declaration and Release Form (the “Release Form”) confirming compliance with the Rules, acceptance of the Prize as awarded, without substitution, and releasing the Sponsor, its dealers, agents, their affiliated and related companies, advertising and promotional agencies and their respective shareholders, directors, officers, employees, agents, dealers, representatives, successors and assigns (collectively, the “Releasees”) from any liability arising out of or in any way connected with the operation of this Contest, and awarding, acceptance, use, or misuse of the Prize. The Prize winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest, or the awarding, acceptance, use or misuse, or redemption of the Prize and from and against any and all claims. The Release Form must be returned within the time period specified on the Release Form or the Prize may be forfeited. Upon receipt, Sponsor, or its representative, will inform the winner of details related to how the winner will receive the Prize.

9. The Releasees shall not be liable for any damages caused or alleged to be caused by or resulting from any entry, Prize or other correspondence or data that is lost, stolen, late, garbled, distorted, delayed, damaged or misdirected for any reason, including but not limited to: (i) any failure, interruption, technical malfunction or delay; (ii) any e-mail, text, or other communication sent or received to or from the Sponsor or any of its agents or designees, for any reason; (iii) for any incorrect, untimely or inaccurate information, whether caused by the website where this Contest was featured, users or by equipment or programming errors associated with or utilized in the Contest; (iv) any technical or human error which may occur in the processing of any entry or entries in the Contest; for problems with the function of any website or website feature, howsoever caused; (v) the malfunction of, or damage caused to, any telephone network or lines, computer equipment, data, software, online systems, servers or access providers; (vi) any functionality lost due to not having cookies enabled; (vii) for traffic congestion on the Internet; (viii) the security or privacy of information transmitted via computer networks; (ix) breaches of privacy due to interference by third party computer “hackers” or for any damage caused to or incurred by any entrant or any other person by reason of any such event or occurrence; or (x) technical, hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmissions including lost, misappropriated or corrupted entries, virus, worm or Trojan Horse damage or any other damage which may limit a participant’s ability to participate in the Contest.

10. By entering the Contest and uploading their video, winners hereby grant to the Sponsor the unlimited right (but not the obligation) to publish, exhibit and use, without payment or other compensation and without notice, consent or approval, his/her name, photograph and likeness, video entry, address (city/town, province or territory), voice, performance and song as embodied in the video, and the whole or part of any statement or statements he/she has made or makes about the Contest, Prize awarded in any publicity, program or advertising, without geographic limit and in perpetuity, in any medium now known or hereafter devised (including, without limitation, the Internet), and hereby consents unconditionally to any such publication or use without further notice, consent, approval or compensation. This right includes without limitation the right of Sponsor to embed, exhibit, and/or reproduce each winner’s video on Sponsor’s website without further compensation or royalties payable by Sponsor. Winners hereby waive their moral rights in their entry, video, song, and performance in favour of Sponsor.

11. The Sponsor reserves the right to disqualify any individual that it finds to be violating these Rules or tampering with the entry process. The Sponsor reserves the right to refuse an entry from a person whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter. Any attempt by anyone to deliberately undermine the legitimate operation of this promotion is in violation of criminal and civil laws and the Sponsor reserves the right to seek damages or other legal remedy to the fullest extent permitted by law. The Sponsor reserves the right to terminate the Contest, suspend the Contest or to amend these Rules at any time without notice if any factor interferes with the proper conduct of the Contest as contemplated by these official Rules. The Sponsor is not responsible for printing, distribution, or production errors. Entry material/data that have been tampered with or altered are void. Users spamming the same email address will disqualify the entry.

12. In the event of a dispute, entries will be deemed to have been submitted by the authorized account holder (defined above in paragraph 4) the YouTube or other video sharing site account that is associated with the submitted entry. If the identity of an entrant is disputed, the authorized account holder associated with the YouTube account and its corresponding email address at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the YouTube account and/or email address. The sole determinant of the time for the purposes of a valid entry in this Contest will be the contest server machine(s), namely the date of upload.

13. The Sponsor reserves the right to cancel or suspend this Contest or change these Rules for any reason, at any time, at its sole discretion, without notice to entrants, including but not limited to lack of entrants, a virus, bug, or other cause beyond the reasonable control of the Sponsor corrupting the security or proper administration of the Contest.

14. All entries become the permanent property of the Sponsor. By submitting their entry, entrants grants to Sponsor a non-exclusive licence to use their video, their performance, and their song as embodied in the video, for the purposes set out in these rules, including but not limited to the right to embed, reproduce or exhibit the video on Sponsor’s website without payment of further compensation or royalties. The videos and songs will remain the intellectual property of the entrants. No correspondence will be entered into, except with the selected entrants. The Contest is subject to all applicable Canadian federal, provincial, and local laws and regulations. This Contest is VOID WHERE PROHIBITED BY LAW AND IS EXPRESSLY NOT OPEN TO PARTICIPATION BY RESIDENTS OF ANY JURISDICTION OTHER THAN CANADA.

15. The Sponsor respects your right to privacy. Personal information collected from entrants will only be used by the Sponsor to administer the Contest and fulfill any Prize requirements and, only if consent is given at the time of entry, to provide the entrants with information regarding upcoming promotions and/or events from the Sponsor. For more information regarding the manner of collection, use and disclosure of personal information by the Sponsor, please refer to the Sponsor’s privacy policy, available at www.melabymusic.com