|
1. ELIGIBILITY: www.TyFyffe.com’s Raw-N-Uncut Contest (the “Contest”) is open to any and all person’s with access to the Internet at all times during the Contest and subsequent prize-award period. All employees of TyBu Productions (“Sponsor”), all associated agencies and each of their respective affiliates, sales representatives, distributors, licensees or agents (all of the foregoing, together with Sponsor, collectively referred to as “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether related or not), are ineligible to participate in the Contest. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Contest constitutes your full and unconditional acceptance of these Official Rules. 2. CONTEST PERIOD: The contest entry period begins on January 11, 2010 and will continue until March 1, 2010 (the "Contest Period"). Upon further notice Sponsor reserves the right to extend the contest period ("Extended Period") if Entries are not satisfactory to Sponsor and may be extended till Sponsor is satisfied with the total artists selected for the album. Winners will be selected from entries properly submitted and timely received during the Contest Period & Extended Period. 3. CONTEST ENTRY INSTRUCTIONS: During the Contest Period, you will purchase and download one (1) of three (3) beat kits, (the “Kits”) from www.tyfyffe.com. Kit A shall contain one musical selection (“Track”), Kit B shall contain two (2) Tracks and Kit C shall contain four (4) Tracks. The costs associated with each Kits are $40.00, $50.00 and $ $60.00 respectively. Thereafter, you shall submit your vocals over the respective Tracks (“Entry”). Limit one (1) to three (3) Entries per person (depending on which Kit purchased, i.e. Kit A-one (1) Entry; Kit C-three (3) Entries), per e-mail address, and per household during the Contest Period via Online Entry, regardless of whether a person has more than one address or more than one person uses the same address. Selected Contestants (the “Winners”) shall be determined from their Entries submitted. Upon notification Winners shall be selected to record new musical selections, (the “Masters”) which shall be A&R’d/arranged by TyBu Productions to be included on Ty Fyffe Presents The Raw-N-Uncut Mixtape hosted by DJ Kay Slay. One (1) Master off of the Raw-N-Uncut Mixtape shall be selected, (the “Single”) and the Winners shall have a Video created for their Single; their Single and Video distributed by DigiWaxx; and their Single premiered on the Radio by DJ Kay Slay during the Drama Hour. Additionally, each winner shall grant TyBu Productions the first right of refusal to enter into a Production Agreement 4. RIGHTS: Sponsor grants the contestants the right to record over Tracks produced by and/or on behalf of TyBu Productions and/or Ty Fyffe. TyBu Productions and/or Ty Fyffe shall retain any and all copyright ownership to said Tracks. Notwithstanding such, nothing in this Contest Disclaimer shall limit and/or diminish said ownership in such Tracks. Contestants shall NOT BE PERMITTED to the following: (a). entering into any Agreements concerning the Tracks utilized in this Contest, including licensing agreements; (b). selling and/or generating any revenue from use of Tracks (authorized and/or unauthorized); (c). uploading the Tracks on any website (myspace, itunes, cdbaby, or any other website) other than www.tyfyffe.com whether or not such upload is for promotional or non-promotional use; and (d). utilizing the Tracks in any way, shape or form on any media, known or unknown at the time of entering into this Agreement, in any way that will infringe on the copyright and/or rights held by TyBu Productions and/or Ty Fyffe. Contestant grants Sponsor the right to use their submission and/or Entry and Single for the use of inclusion on the Raw-N-Uncut Mixtape hosted by DJ Kay Slay and/or for digital download by TyBu Productions and/or www.tyfyffe.com . Contestant warrants and represents that (i) you are the rightful owner of all of the intellectual property rights to your Submissions or have the appropriate license and sublicense rights from the owner, and that ownership of such rights is not in dispute, (ii) your Submissions will be true and accurate and in compliance with all of the terms of this Agreement, and (iii) if you are an entity or organization other than an individual, you are the authorized representative of the entity or organization, you have the legal right and authority to submit and display the Submission. (2) You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, unrestricted, royalty-free, sub-licenseable and transferable license, without compensation, liability or notice to you, to (in each case directly or through subcontractors): (i) use, reproduce, distribute, publicly display and perform your Submissions that are music, sound recordings or other materials that you have submitted to the Site only for the purpose of licensing to other users of the Site pursuant to the terms of the Service (“Protected Content”), on the Site and in addition on other websites that were created (as private labels for others or otherwise), are operated or are wholly or partially owned by us or our affiliates (the "Affiliated Sites"), for the purpose of providing the Service and enabling other users of the Site and Affiliated Sites to purchase the rights in or license such Protected Content; and (ii) use, reproduce, distribute, prepare derivative works of, publicly display, modify, and perform your Submissions that are not Protected Content (including without limitation artist profile pages, blogs and license history), for any purpose (including without limitation advertising and promotional) in any media formats, through any media channels and without limitation. (3) No portion of your Submissions shall be subject to any obligation of confidence on our part and you should expect no privacy with respect to your Submissions, except for Protected Content and except for personally identifiable information that is subject to our privacy policy and is not made publicly available by you . Although we have no obligation to review any Submissions, we reserve the right, in our sole discretion, to edit any Submissions excluding Protected Content. (4) You are entirely responsible for all your Submissions, including without limitation the consequences of posting or publishing them on the Site. (5) We reserve the right to decide whether, where, and how a Submission is listed on the Site. We may refuse to post, deliver, modify or otherwise use or take any action with respect to any Submission. If we have questions about your Submissions including without limitation with respect to copyright, we may contact you for further information. We may remove Submissions without prior notice. (6) You agree that you are responsible for the transfer of ownership of or license to your intellectual property rights to your Submissions (as the case may be) with Tybu Productions and that you are responsible for compliance with all applicable laws and regulations. (7) You may request us to remove a Submission posted by you from the Site. (8) Winners hereby grant TyBu Productions a right a first refusal to enter into a Production Agreement based upon your selection and inclusion in the Raw-N-Uncut Mixtape. 5. PUBLICITY: As a condition of Entry into the Contest, except where prohibited by law, each entrant and each winner by submitting an Entry grants to Sponsor and its affiliates, legal representatives, assigns and licensees, all rights, title and interest in the Entry to publicize, broadcast, display and/or otherwise use the Contest entrant’s name, city, state, biographical material, Track, and Entry (collectively, “Licensed Rights”) in any media now or hereafter known throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval of the winner. Where necessary, the winner will be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release within five (5) business days of attempted notification or the winner may be disqualified and an alternate winner selected. 6. SELECTION OF CONTEST WINNERS/ODDS: The potential winners will be selected on a rotating basis throughout the Contest Period. Winners will be selected from Entries received during the Contest Period. Odds of winning will depend on the number of eligible Entries received, and/or quality of Entries received during the Contest Period. The potential winners will be notified via email to the email address submitted with the potential winner’s Entry within four (4) weeks after the close of acceptance of Entry. The winner will be selected by super producer Ty Fyffe, the judge of the Contest, whose decisions on all matters relating to the Contest shall be final and binding. In the event that a potential winner is disqualified for any reason, Sponsor may, in its sole discretion, award the applicable prize to an alternate winner selected at random. Any return of prize notification or prize email as undeliverable will result in forfeiture of any prize and an alternate winner may, at Sponsor's discretion, be randomly selected. Winners who are under the age of eighteen (18) (“Minor”) shall need the express permission from a parent or guardian to accept the Prize, at such point and time an Authorization shall be mailed and/or emailed to the Winner that shall be notarized by the Minor’s parent and/or guardian and mailed back to TyBu Productions in order to be deemed an official Winner. 7. PRIZES: Winners will be granted the opportunity to (1) have a Master included on the Raw-N-Uncut Mixtape presented by Super Producer Ty Fyffe and hosted by DJ Kay Slay the Drama King; (2) have a Video created for their Single; (3) their Single and Video distributed by DigiWaxx; (4) have their Single premiered on the Radio by DJ Kay Slay during the Drama Hour. Additionally, each winner shall grant TyBu Productions the first right of refusal to enter into a Production Agreement. 8. GENERAL RULES: By entering or participating in the Contest, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Contest Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the Entry process or the Contest; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Contest, the processing of Entries, or the selection or notification of winners. Further, if, for any reason, the Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest (or portion thereof). Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the Entry process or the operation of the Contest or any website operated by the Contest Entities; (b) using any robotic, macro, automatic, programmed or like Entry methods, which will void all such Entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Contest Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Contest or in any activity or travel related thereto or from any interaction with, or downloading of, computer Contest information. 9. PARTICIPANT OBLIGATIONS: By participating in the Contest, you agree to be bound by these Official Rules and the decisions of Sponsor. By accepting the prize, the winners agree to release and hold Ty Fyffe, TyBu Productions, Partner(s) and their agents and affiliates harmless from and against any and all losses, damages, rights, claims, actions and liabilities of any kind in connection with the Contest or receipt or redemption of the prize. The winners assume all liability for any injury, death, or damage caused, or allegedly caused, by participating in the Contest or use or redemption of the prize. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of New York. 10. PERSONAL INFORMATION: The personal information collected through the Contest is subject to TyBu Productions Privacy Policy, located at http://tyfyffe.com/privacy/privacy_policy.html. By entering the Contest, you agree to the use of your personal information as described in the above Privacy Policy. 11. RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winners, send an email to TyFyffePresents@gmail.com. Such requests must be received within three months after the end of the Contest Period. 12. SPONSOR: TyBu Productions – TyFyffePresents@gmail.com. |
|
|
|



