I. BRIEF OVERVIEW OF PROMOTION
II. NAME OF SPONSOR(S) III. ELIGIBILITY Entrants must be legal residents of the 50 United States (including the District of Columbia) who are physically located and residing therein (excluding Guam, Puerto Rico and all other U.S. territories and possessions) who are 14 years of age or younger at time of execution of the finals competition on April 19, 2004 and who are not, as of March 2, 2004 subject to any music publishing agreement, recording agreement, production agreement or any similar agreement which would interfere with entrant's ability to enter into this Contest or grant all of the rights to be granted hereunder. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Radio Disney and/or Walt Disney Records, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the contest or supplying the prize, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or play. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year. IV. HOW AND WHEN TO ENTER NO PURCHASE NECESSARY. Log on to the contest website ("Contest Web Site") at www.RadioDisney.com or www.superstarkidz.com or go to the participating Radio Disney event as announced on your local Radio Disney station and posted on RadioDisney.com, and download or get, from the event location (i) an "Entry Form", (ii) a "Non-Entrant Performer's Authorization to use Voice, Likeness and Name" (if applicable) and (iii) an "Entrant Release" form (collectively "Contest Forms"). To participate, complete, sign and arrange for parent's and/or legal guardian's signature (where indicated) on all Contest Forms, go to the participating Radio Disney event, submit completed and signed Contest Forms to Sponsors at event prior to entrant's performance, and perform one (1) song of from list provided by Sponsor in front of the Contest judges. Entrants may only sing to one of the karaoke-versions of the following five (5) songs :So Yesterday (made popular by Hilary Duff); Are You Happy Now? (made popular by Michelle Branch); Invisible (made popular by Clay Aiken) ;(There's Gotta Be) More to Life (made popular by Stacie Orrico); What Dreams Are Made of (made popular by Lizzie McGuire) Sponsor will provide accompanying music track. Failure to satisfactorily complete and timely submit all Contest Forms as required herein will result in disqualification of entrant. Entries and all Contest Forms remain the property of Sponsors and will not be returned. Your signed Entry Form and Release grants all rights to Sponsor for Sponsor's use of your performance as otherwise provided herein. The Contest is open to individual persons only (no group performances). Limit one (1) Entry per person during the entire "Contest Period" inclusive of events taking place from March 2, 2004 through April 19, 2004. . Entries in excess of the limit by the same person will be disqualified. All required Entry Information must be completed in full. Any attempted form of entry other than as described herein is void. Each entrant will be judged on the criteria set forth below. Each audition will be filmed by Sponsors ("Audition Tapes") and may be used and exploited by Sponsor in any manner, media or format, now known or hereafter devised, including without limitation, in connection with this Contest. The Audition Tapes and all performances embodied thereon will be owned 100% by Sponsors. Copies of Audition Tapes will not be provided to entrants. Performances which are not reasonably pertinent to the judging criteria (described below), as determined by Sponsor and/or judges in their sole discretion, or are otherwise in violation of these Official Rules will be disqualified. As determined by Sponsor and/or judges in their sole discretion, Performances that include obscenities, objectionable material, defame or invade the publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any third party's personal or proprietary rights will be disqualified. By entering Contest, each entrant represents and warrants that he/she is not subject to any agreement or arrangement, including without limitation, any music publishing agreement, recording agreement, production agreement or any similar other agreement that would interfere with their entering this Contest and granting all the rights granted hereunder. Sponsors are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the contest, sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. No responsibility is assumed for: any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any Web Site, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this contest. V. HOW AND WHEN WINNERS WILL BE SELECTED One (1) local winner ("Semi Finalist from each participating Radio Disney market will be selected after all auditions in each such market have been completed but in no event later than April 19, 2004. Audition Tapes of each Local Winner will be forwarded to Sponsor and one (1) Grand-Prize winner will be chosen from all said Semi-Finalist Audition Tapes. One (1) grand prize winner ("Grand Prize Winner") will be selected and notified by phone no later than May 14, 2004. In the event of a tie, judges will be asked to reassess performances to determine a Grand Prize Winner. The Semi-Finalists and Grand Prize Winner will be selected at each stage of the process based on the extent and uniqueness of their talent, interaction/audience response and overall performance. If a potential Winner is found to be ineligible or he/she cannot or does not comply with these Official Rules, that potential Winner will be disqualified and another entrant may, at Sponsor's sole discretion be declared a Winner, as applicable. Odds of winning depend on number of valid entries received. Many will enter, few become semi-finalists, and only one will win the grand prize. VI. PRIZE(S) Each Semi-Finalist will receive a Radio Disney prize pack including a Radio Disney t-shirt and a Walt Disney Records' Superstar Kidz 2 CD. The Grand Prize Winner will receive a trip to Los Angeles with one (1) parent/guardian and a recording session that will be included on a future Walt Disney Records release. subject to the Grand Prize Winner signing Walt Disney Record's standard artist agreement ("Artist Agreement") and any other documentation required by Walt Disney Records. The following expenses will be arranged by Sponsor at Sponsor's discretion with respect to details of said arrangements, including roundtrip coach airfare for two (2) to Los Angeles, California, double occupancy hotel accommodations for two (2) nights in Los Angeles, round-trip transportation to and from the airport, and roundtrip transportation to and from the recording session. , The Grand Prize Winner must be accompanied on the trip to Los Angeles by one parent or legal guardian. Sponsor requires parent/guardian to complete, execute and return, prior to May 28, 2004, all required documentation including, without limitation, all minor's approval forms and a liability/publicity release which shall be provided by Sponsor. Failure of parent/guardian to so provide all such satisfactory documentation will result in disqualification and forfeiture of the Grand Prize. The Grand Prize Winner will not be entitled to any separate compensation for said Grand Prize Winner's recording services but the Artist Agreement will provide that Walt Disney Records will pay the recording costs of the recording pursuant to a budget approved by Walt Disney Records in its sole discretion. In order to receive the Artist Agreement portion of the Grand Prize, in addition to all other requirements set forth herein, the Grand Prize Winner must not have an existing record deal, production deal or similar agreement or any exclusive agreement for entrants recording services which would or might interfere with the rights granted by the entrant hereunder; otherwise, the Artist Agreement portion of the grand prize will be forfeited and no additional compensation will be awarded. In addition, in order to qualify for the Grand Prize, the Grand Prize Winner and the Grand Prize Winner's parent/guardian must satisfactorily sign and return to Sponsor, at or before such time as shall be designated by Sponsor, all documentation required hereunder, including without limitation, all required minors court approval documents. Failure to so provide all such documentation on a timely basis shall result in disqualification and forfeiture of the Grand Prize. To claim prize, (a) Winner must provide proof of age, identity and residency, (b) Winner must, prior to May 28 (i) sign and return the attached Entrant's Release, (ii) sign and return the attached Affidavit of Eligibility (iii) sign and return all applicable minor's approval documentation required by Sponsor, (iv) cause all other persons performing with Winner to sign the Non-Entrant Performer's Authorization to use Voice, Likeness and Name form; and (c) Winner's parent/guardian must complete and sign all required documentation, including without limitation, the affidavit/release/prize acceptance form and the liability/publicity release required by Sponsor. All prizes will be awarded in parent's or guardian's name. All expenses not specifically provided for herein are the Winner's sole responsibility. Some restrictions may apply. The estimated cash value of Each Semi-Finalist prize is Twenty-Five Dollars ($25). The estimated cash value of the Grand Prize is Two-Thousand Dollars ($2,000). Final actual value at time of booking and travel may be substantially more or less depending on timing and departure citydates of travel, point of origin and ticket availability. Federal, state and local taxes, if any, are the sole responsibility of the Winner, who will receive a 1099 tax form reflecting actual value of any prize valued at $600 or more. Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, but sponsors in their sole discretion may substitute prizes of equal or greater value. Prize is subject to availability. Sponsor is not responsible for cancellation or preemption of show/contest/event or for other circumstances that make it impractical or impossible to fulfill this element of the prize. VII. OWNERSHIP/RIGHTS Except as specifically provided for herein, entrants agree by signing the Entry Form and Release, that all recordings and performances embodied on the Submission were commissioned hereunder on a "work for hire" basis and one hundred percent (100%) of the copyright throughout the universe in perpetuity in and to all results and proceeds of entrants services/Submissions hereunder shall be owned and controlled by Sponsor and those acting under its authority including, without limitation, all recordings embodied in the Submission and all performances embodied thereon, the right to use the Submission throughout the universe, in whole or in part, in edited, unedited or distorted form, on and in connection with the Contest or the Program, for any trade advertising or promotional purposes whatsoever, without review, approval, notification or payment from or to any person or entity, including without limitation any third party record company or other company entitled to entrant's exclusive performing services or any other rights with respect to entrant's performing services, or any union or guild, in all media now known or hereafter discovered throughout the universe. Sponsor has the right to modify, edit, adapt, and electronically alter Submissions (including Entries) as well as reproduce it/them, in whole or in part, without compensation or further notice to entrant. Entrant unconditionally assigns and transfers all ideas, concepts, copyrighted materials and trademarks contained in the Submission and other items of the Entry materials and any and all rights including "moral rights" in the Submission and all other items in the Entry materials to the Sponsor. Entrant also authorizes Sponsor to use entrant's name, voice, likeness, biographical data and city and state of residence in any manner, media or format now known or hereafter devised including without limitation in and in connection with the Contest and in any and all programming or promotional material in connection therewith without further permission or compensation unless prohibited by law. Sponsor may assign all rights granted by entrant hereunder to any party at Sponsor's sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the contest as originally planned. VIII. CONDITIONS OF ENTRY By entering this contest, entrants agree to be bound by these Official Rules and by decisions of judges/sponsors, which are final as to all Contest-related matters. In addition, by participating in this Contest and accepting any prize that entrant's may win, entrants agree to release Sponsors, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this contest and/or acceptance or use of the prize ("Claim[s]"). By submitting any entry materials, entrants certify that such materials are original and created by entrant, that entrants have the necessary rights, permission and authority to submit such materials, and, if applicable, that entrants maintain a valid copyright in the materials. Entrants acknowledge that such materials may be included and/or discussed in a broadcast, that such discussion may include statements or opinions by the broadcast talent or others about the entrants, the entrants' appearances and/or the materials, and that those statements and opinions may be considered surprising, humiliating, embarrassing, derogatory, defamatory or otherwise offensive or injurious to them, Sponsor's employees, its studio or at-home audience and/or other third parties. Entrants release the Released Parties from any actions, claims, injury, loss or damage allegedly caused, directly or indirectly, by any such statements or opinions made during a broadcast. Entrant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California with respect to any Claim, and do so understanding and acknowledging the significance of such specific waiver of section 1542. Section 1542 of the Civil Code of the State of California states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Thus, notwithstanding the provisions of section 1542, and for the purpose of implementing a full and complete release and discharge by the entrants of the Released Parties, entrant expressly acknowledges that this document is intended to include in its effect, without limitation, all claims and causes of action relating to any Claim which the entrant does not know or suspect to exist in entrant's favor at the time of execution hereof, and that this document contemplates the extinguishment thereof. IX. MISCELLANEOUS -WINNER LIST Void where prohibited. All federal, state and local laws and regulations apply. The Grand Prize Winner will be posted on RadioDisney.com and www.superstarkidz.com for 60 days after contest end date, presently contemplated to be June 19, 2004. Contest Administrator is: Radio Disney. 500 So. Buena Vista St., Burbank, CA 91521-6315.
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