OFFICIAL RULES (the "Official Rules")
NO PURCHASE NECESSARY TO PARTICIPATE OR TO WIN
1. COMPETITION DESCRIPTION:
"CBS Early Show Singing Family Face Off" (the "Competition") is a competition in which (i) a family comprised of at least three (3) members and a maximum of six (6) members who are either related to the other members as immediate family (spouse, parents, siblings and children and their respective spouses) or are members of the same household (whether or not related) (the "Family") records a video no longer than three (3) minutes in total length of the Family singing an original musical composition with original lyrics and original sound recording composed/written/recorded by one or more of the members of the Family with or without Family members providing live musical accompaniment during the recording of the video (each a "Video" or "Family Audition Entry") and (ii) one of the members of the Family (who is at least 13 years of age) registers at the Singing Family Face Off page of The Early Show section on CBSNews.com (sometime called the "Competition Site") and submits such Video to The Early Show (in accordance with the submission requirements set forth in these Official Rules - see Rule 4). The Competition begins on November 24, 2008 and Videos may be submitted until 11:59 PM Eastern Time ("ET"), January 23, 2009 (the "Submission Period"). During the Submission Period, clips of the Videos received by The Early Show will be shown on selected Early Show programs and will be available for viewing by the public during the Submission Period by going to the Competition Site. During the Submission Period producers from The Early Show will select the best six (6) Videos from among those eligible Videos submitted (see Rule 5 "Preliminary Round" for judging criteria) and these Families (each a "Finalist Family" and collectively the "Finalist Families") will have the opportunity to participate in at least one (1) "face off" on The Early Show. The Finalist Families will compete against each other starting the week of February 23, 2009, with viewers voting on-line at the Competition Site for their favorite Family at specified times throughout the remainder of the Competition. The public voting after the "Final Face Off" during the week of March 23, 2009 will determine the winner (the "Favorite Family"). The Competition is scheduled to conclude the week of March 30, 2009 when the Favorite Family performs live on The Early Show.
The sponsor of the Competition is The Early Show, CBS News Inc. ("The Early Show", "CBS" or "Sponsor"), 524 West 57th Street, New York, New York 10019. The Early Show broadcasts are subject to preemption and schedule changes. In case of a schedule change or preemption, notice will be posted on the Competition Site.
The Competition is open to Families (which must include at least three (3) and a maximum of six (6) family members [each a "Family Member"]) which meet the following eligibility requirements: Each Family Member must (i) be a legal resident of one of the fifty (50) United States or the District of Columbia, and reside and be physically located in one of those jurisdictions, (ii) be an immediate family member (spouse, parents, siblings and children and their respective spouses) or member of the same household (whether or not related) of one Family and (iii) not appear professionally before paying audiences, not have or have had in the past an affiliation with a music recording company or not be treated as a singing professional because of other facts or circumstances. An individual may participate in the Competition as a member of only one Family.
Employees, officers, directors (and members of their immediate families [spouse, parents, siblings and children and their respective spouses, regardless of where they reside] or households, whether or not related) of Sponsor, CBS Broadcasting Inc., Cross Step Productions Inc. (sometimes called "CSP"), any person or entity connected with the review and evaluation of the Videos submitted and any person or entity connected with the production of The Early Show programs (each, together with Sponsor, a "Competition Entity" and collectively the "Competition Entities") and their respective parent companies, subsidiaries, franchisees, affiliates, licensees, agents, attorneys, independent contractors and advertising and promotion agencies are not eligible to participate in the Competition. In addition, a Family is not eligible to participate if any Family Member or the Family has entered into an agreement with any third party that would make entering into a recording agreement with CSP impossible or subject to third-party approval. The Competition is void outside the United States, in Puerto Rico, all US territories and possessions and where prohibited. The Competition is subject to all applicable federal, state and local laws.
BY PARTICIPATING IN THIS COMPETITION, EACH FAMILY MEMBER AGREES THAT SPONSOR MAY, AT ITS OPTION, CONDUCT A BACKGROUND CHECK ON SUCH FAMILY MEMBER, AND THAT THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY FAMILY ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED FAMILY MEMBERS WILL BE REQUIRED TO SIGN WAIVER FORMS AUTHORIZING THE RELEASE OF PERSONAL AND BACKGROUND INFORMATION AND TO COMPLETE A BACKGROUND QUESTIONNAIRE.
3. HOW TO REGISTER:
To participate in the Competition, a Family Member (who must be at least 13 years of age) who desires to submit a Video (each an "Entrant") must log on to CBSNews.com, go to The Early Show section and the "CBS Early Show Singing Family Face Off" page (i.e., the Competition Site), register and complete the submission form, attach his/her Family's Video and click "Submit." As part of the registration process, Entrants will be required to click where indicated to signify that they have read, accepted and agreed to be bound by these Official Rules, including the decisions of the Sponsor, which is final and binding in all respects. Limit one (1) registration and Video submission per Family. Any individual who attempts to register, or in the sole discretion of Sponsor is suspected of registering more than once, by any means, including but not limited to establishing multiple e-mail accounts will be disqualified and his/her Family will be disqualified from participating in this Competition.
4. HOW TO SUBMIT A FAMILY AUDITION VIDEO:
(a) Video Submission Procedure. Make a Video and upload the Family Audition Entry to the Competition Site OR mail the Family Audition Entry in VHS or DVD format to:
The Early Show
Singing Family Face Off Competition
524 West 57th Street
New York, NY 10019
All Family Audition Entries must be received by 11:59 PM ET, Jan. 23, 2009.
During the Submission Period (i.e., November 24, 2008 until 11:59 PM ET, January 23, 2009), each Entrant who has successfully registered will have the opportunity to submit a Video (i.e., a recording up to three (3) minutes in length of his/her Family singing a song (i.e., original musical composition with original lyrics and original sound recordings composed/written/recorded by one or more of the Family Members with or without Family Members providing musical accompaniment). The Entrant must follow the online instructions or send his/her Video to the address listed above (the Video must be formatted according to the requirements set forth at the Competition Site and in the Video Requirements Summary in Rule 4.(b)).
Any Family Audition Entry received that exceeds three (3) minutes in length or that contains sound recordings or musical works, lyrics or any intellectual property which is not original to and owned by one or more of the Family Members will be disqualified or not considered. Entry of false or misleading information by any Entrant will be grounds for disqualification of the Family Audition Entry at the sole discretion of Sponsor. Failure to comply with these Official Rules will be grounds for disqualification of any Family Audition Entry, at the sole discretion of Sponsor. Performances which Sponsor deems in its sole discretion to be sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or which otherwise may reflect unfavorably on Sponsor or any of the other Competition Entities are not eligible and will be disqualified. Limit one (1) Family Audition Entry per Family. Each Family Audition Entry must be submitted by the Entrant (i.e., one of the Family Members who also appears in the Video and who registered the Family at the Competition Sites). Sponsor is not responsible for lost, late, incomplete, corrupted, stolen, misdirected or delayed Family Audition Entries; any computer, telephone, wireless phone, cable, network, satellite, electronic, or Internet hardware or software malfunctions; unauthorized human intervention, or the incorrect or inaccurate capture of a Family Audition Entry or other information, or the failure to capture such information. All Family Audition Entries become the property of Sponsor and will not be acknowledged or returned.
(b) Video Requirements Summary.
Each Video must:
1. be a performance of one (1) song (i.e., an original musical composition with original lyrics and original sound recordings original to, created and owned by one or more of the Family Members of the Family performing in the Video);
2. be no longer than three (3) minute in total running time with a file size no greater than twenty megabytes (20 MB) with minimum dimensions of 320x240 pixels, if Video is submitted by uploading it to the Competition Site;
3. contain lyrics in English;
4. be delivered by uploading the Video to the Competition Site formatted and encoded in accordance with the requirements set forth in #2 above or by mailing a VHS or DVD formatted Video to the address set forth in Rule 4.(a);
5. not include any person other than the Entrant and the other Family Members (minimum of three (3) Family Members and maximum of six (6) Family Members);
6. not infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations or network standards;
7. be suitable for display and publication on national television and not contain any content or performance that is sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or which is otherwise objectionable to Sponsor, in its sole discretion;
8. not contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a particular race, ethnicity, religion, sexual orientation or socioeconomic group);
9. not include threats to any person, place, business, group or world peace;
10. not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works or any creative element other than the performance of the musical composition with lyrics original to, created and owned by one or more of the Family Members; and
11. must not contain any commercial content that promotes any product or service or contains or references any third party names, logos, service marks, trademarks, trade names or trade dress (including on any clothing worn by the Family Members appearing in the Video).
All Family Audition Entries will be reviewed by Sponsor for content and compliance with these Official Rules before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Rules. Family Audition Entries that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for advancement in the Competition.
5. SELECTION OF THE FAVORITE FAMILY:
(a) Preliminary Round.
Producers from The Early Show (the "Producers") will review each Video uploaded to the Competition Site or mailed to and received by The Early Show during the Submission Period. The Producers will determine whether a submitted Video complies with these Official Rules (including the Video Requirements). All eligible Family Audition Entries received will be judged by the Producers on the following criteria: 1) originality, 2) overall vocal ability, 3) overall performance 4) entertainment value/audience appeal, and 5) appearance, with equal weight given to each criterion. In the case of a tie, the highest 'overall performance' score among such tied Family Audition Entries will determine the Finalist Families. Sponsor reserves the right to choose fewer than six (6) Finalist Families if, in its sole discretion, it does not receive a sufficient number of eligible and/or qualified Family Audition Entries. Subject to completion and return of all required document as set forth in the section entitled "Additional Requirements for Potential Finalist Families, each of Families with the six (6) highest scoring Family Audition Entries will be named a Finalist Family and will be invited to compete in "face offs" live on The Early Show during the Elimination Face Off Rounds. Once the six (6) Finalist Families are selected (after completion of the Additional Requirements set forth in Rule 5.(b)), the Producers will begin to shoot videotaped profiles of the Finalist Families that will be broadcast during the week of February 23, 2009. The Finalist Families will need to be available to the Producers beginning the week of February 2, 2009 through the end of the Competition.
(b) Additional Requirements for Potential Finalist Families.
In order to advance to the Elimination Face Off Rounds each Family Member who is part of a potential Finalist Family will be required to complete, execute and return within four (4) days of the date of notification by Sponsor the following: (i) an agreement that more fully sets out the rights and obligations of each Family Member belonging to a Family selected as a potential Finalist Family (the "Participant Agreement"), (ii) a copy of these Official Rules, (iii) The Early Show Liability and Broadcast Release (the "Release"), (iv) a two-track recording agreement with CSP (the "Recording Agreement") and (iv) such other and further agreements as may be required by Sponsor. If any Family Member from a potential Finalists Family: (a) fails to return such completed documents fully-executed within the specified time period, (b) fails to comply with these Official Rules, and/or (c) cannot be contacted by Sponsor within a reasonable time period, or if notification is undeliverable, the opportunity to be named as a Finalist Family will be forfeited, and, at Sponsor's sole discretion, the Family Members from another Family will be notified that their Family is a potential Finalist Family.
(c) Elimination Face Off Rounds.
Two different Finalist Families will perform live on The Early Show for a "Face Off", i.e., Family 1 vs. Family 2; Family 3 vs. Family 4 and Family 5 vs. Family 6 (hereafter individually a "Face Off" and collectively the "Face Offs") before non-voting celebrity judges on a selected day in each of the three weeks commencing the week of Feb. 23, 2009. The video of each Face Off (each a "Face Off Video") will be posted on the Competition Site starting at approximately Noon ET on the day the Face Off was initially broadcast as part of The Early Show. The public will have the opportunity to view each Face Off Video and to vote for their Favorite Family in each Face Off by logging onto the Competition Site and following the link to the voting page. Voting will remain open for forty-eight (48) hours after each of the three Face Off Videos is posted on the Competition Site (i.e., approximately 11:59 AM ET two days after the initial broadcast of the Face Off on The Early Show). The winning Finalist Family in each of the three (3) Face Offs will be declared a "Top 3 Family."
By way of example, if the Face Off between Family 1 vs. Family 2 is initially broadcast as part of The Early Show on Feb. 24, 2009, the Family 1 vs. Family 2 Face Off Video will be posted on-line at the Competition Site by approximately Noon on Feb. 24, 2009 and the public will be able to view and to vote for Family 1 or Family 2 as their favorite until 11:59 AM on Feb. 26, 2009.
The three (3) Top 3 Families will then compete against each live on The Early Show during the week of March 16, 2009 ("Top 3 Family Face Off"). The video of the Top 3 Family Face Off (the "Top 3 Family Face Off Video") will be posted on the Competition Site starting at approximately Noon ET on the day the Top 3 Family Face Off was initially broadcast as part of The Early Show. The public will have the opportunity to view the Top 3 Family Face Off Video and to vote for their Favorite by logging onto the Competition Site and following the link to the voting page. Voting will remain open for forty-eight (48) hours after the Top 3 Family Face Off Videos is posted on the Competition Site (i.e., approximately 11:59 AM ET two days after the initial broadcast of the Top 3 Family Face Off on The Early Show). The two (2) Families with the highest number of votes (each a "Top 2 Family" and collectively the "Top 2 Families") will advance to the Final Face off Round.
(d) Final Face Off Round.
The Top 2 Families will advance to the Final Round and will be invited to compete against each other live on The Early Show on a selected day during the week of March 23, 2009 (the "Final Face Off"). The video of the Final Face Off (the "Final Face Off Video") will be posted on the Competition Site starting at approximately Noon ET on the day the Final Face Off was initially broadcast as part of The Early Show. The public will have the opportunity to view the Final Face Off Video and to vote for their favorite Family by logging onto the Competition Site and following the link to the voting page. Voting will remain open for forty-eight (48) hours after the Final Face Off Video is posted on the Competition Site (i.e., approximately 11:59 AM ET two days after the initial broadcast of the Final Face Off on The Early Show). The Family which receives the highest number of votes will be declared the Favorite Family.
The Early Show intends to announce the Favorite Family and have the Favorite Family perform live on The Early Show on the week of March 30, 2009.
6. COMPETITION BENEFITS:
(a) Finalist Families.
With respect to each of the five (5) Finalist Families which are not voted the Favorite Family (and all the Family Members of each applicable Finalist Family), the Recording Agreement with CSP will become effective, at CSP's option, upon notice to each of the Family Members by CSP within the time period set forth in such Recording Agreement.
(b) Favorite Family.
The Favorite Family will be provided the opportunity to perform live on The Early Show (scheduled for the week of March 30, 2009) and the Recording Agreement between each Family Member of the Favorite Family and CSP will become fully effective.
For each of the Family Members in the Finalist Families who are invited to New York City to compete in a Face Off or the Final Face Off and for the Finalist Family voted the Favorite Family, specific travel arrangements will be made by Sponsor in its sole discretion, and at its sole cost and expense, including, without limitation, selection of departing airports, destination airports, airline carrier, flight times, destination hotels, meals and ground transportation to and from The Early Show studio. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation may be required for travel, such as photo identification or passport. Each Family Member of each Finalist Family is solely responsible for determining and complying with all applicable procedures and restrictions. The benefits and amenities to be provided to the Finalist Families and the Favorite Family are not transferable, assignable or redeemable for cash, except at Sponsor's sole discretion. No substitutions will be made, except at Sponsors' sole discretion. Each of the Family Members of the Family voted the Favorite Family and each of the Family Members whose Family was selected as a Finalist but was not voted the Favorite Family (if CSP exercises its option to make the Recording Agreement fully effective for such Family Members), is solely responsible for any and all federal, state and local taxes.
7. CONDITIONS OF ENTRY:
As conditions of entry into the Competition, each Entrant (on behalf of him/herself and, where applicable, each of the other Family Members in Entrant's Family), subject to the Release, the Participant Agreement, if applicable, and Recording Agreement, if applicable:
(a) WARRANTS AND REPRESENTS THAT:
(i) ENTRANT IS THE CREATOR OF THE VIDEO AND OWNS ALL RIGHTS TO THE VIDEO OR THE RECORDING HE/SHE IS SUBMITTING IN THIS COMPETITION AND THE PERFORMANCE CONTAINED THEREON EXCEPT FOR ANY ORIGINAL MUSICAL COMPOSITION WITH ORIGINAL LYRICS THAT IS OWNED AND PROVIDED BY ONE OR MORE FAMILY MEMBER(S);
(ii) ENTRANT IS ONE OF THE INDIVIDUALS PICTURED AND HEARD IN THE VIDEO OR THE RECORDING THEREOF;
(iii) NEITHER ENTRANT NOR ANY FAMILY MEMBER HAS GRANTED, NOR WILL GRANT, ANY RIGHTS WHATSOEVER IN THE VIDEO OR THE RECORDING TO ANY OTHER PERSON OR ENTITY;
(iv) HIS/HER VIDEO OR THE DIGITAL RECORDING THEREOF DOES NOT CONTAIN ANY CONTENT THAT IS OR MAY BE LIBELOUS, SLANDEROUS, INACCURATE, FALSE, INCOMPLETE OR POTENTIALLY DANGEROUS OR HARMFUL IN ANY WAY;
(v) HIS/HER VIDEO: (1) IS ORIGINAL (EXCEPT WITH RESPECT TO THE ORIGINAL MUSICAL COMPOSITION AND ORIGINAL LYRICS THAT OWNED AND PROVIDED BY ONE OR MORE FAMILY MEMBER(S) WHO IS/ARE ALSO PICTURED AND HEARD IN THE VIDEO, IF APPLICABLE); (2) DOES NOT CONTAIN ANY THOUGHTS, IDEAS, MUSICAL COMPOSITIONS, SOUND RECORDINGS, AUDIO-VISUAL WORKS OR OTHER CREATIVE ELEMENTS OR INTELLECTUAL PROPERTY (EXCEPT WITH RESPECT TO THE ORIGINAL MUSICAL COMPOSITION AND ORIGINAL LYRICS PROVIDED BY ONE OR MORE FAMILY MEMBER(S); (3) DOES NOT VIOLATE OR INFRINGE UPON THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS OR NETWORK STANDARDS; AND (4) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM;
(vi) NEITHER ENTRANT NOR ANY INDIVIDUAL FAMILY MEMBER (WHETHER INDIVIDUALLY OR AS A GROUP) (1) APPEARS PROFESSIONALLY BEFORE PAYING AUDIENCES, (2) HAS OR DID IN THE PAST HAVE AN AFFILIATION WITH A MUSIC RECORDING COMPANY OR (3) IS TREATED AS A SINGING PROFESSIONAL BECAUSE OF OTHER FACTS OR CIRCUMSTANCES.
(b) irrevocably grants to the Competition Entities and their affiliates, legal representatives, assigns, agents and licensees, the perpetual, worldwide, royalty-free, non-exclusive, sublicensable, unconditional and transferable right and license to copyright (as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's name, address, image, voice, likeness, statements, biographical material and Family Audition Entry materials, including, but not limited to, the Video, musical composition and recordings and performances contained in any of the above items ("Family Audition Entry Materials"), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Competition (with or without using the Entrant's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Competition Entities, their licensees, or assigns, in the Competition Entities' sole discretion) in any media, format or medium now known or hereafter developed throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party, except as prohibited by law;
(c) forever waives any rights of privacy, rights of publicity, intellectual property rights, and any other legal or moral rights that may preclude Competition Entities' use of the Entrant's Family Audition Entry Materials or Additional Materials, or require the Entrant's permission for Competition Entities to use them for any purpose, and agrees to never sue or assert any claim against the Competition Entities' arising out of use of those Family Audition Entry Materials or Additional Materials or otherwise;
(d) acknowledges and agrees that (i) Competition Entities have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Family Audition Entry Materials in theme, idea, plot, format, characters and/or other respects; (ii) Entrant will not be entitled to any compensation or other consideration because of the use by Competition Entities of any such similar or identical material, ideas and/or concepts; and (iii) Competition Entities' use of material containing elements similar to or identical with those contained in the Family Audition Entry Materials or any Video shall not obligate Competition Entities to negotiate with nor entitle Entrant to any compensation or other claim;
(e) will indemnify and hold the Competition Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Competition Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Competition Indemnitees arising out of or in connection with (a) any Family Audition Entry Materials or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Entrant of any warranty, agreement or representation contained in the Official Rules or terms of service or in any documentation submitted by Entrant, including but not limited to the Release; (c) Entrant's conduct during and in connection with this Competition, including, but not limited to, infringement of any trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any benefit or amenity provided in connection with the Competition; and
(f) agrees to execute any documents or take any further action required by CBS to effectuate the agreements made by Entrant in these Official Rules.;
(g) has obtained all necessary consents, permissions, licenses] and releases from all of the other Family Members to effectuate all of the conditions of the Conditions of Entry.
The Competition Entities make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any benefit or amenity in connection with the Competition.
Competition Entities, at their sole discretion, reserve the right to edit, cut, copy, reproduce, rearrange, change, add to, delete from, translate, dub, adapt or otherwise revise and/or alter any Video or blur or distort any person, place or item in the Video. Each Entrant hereby waives any moral rights or so-called droit moral in and to his/her Video and the performance contained therein AND EACH ENTRANT HEREBY IRREVOCABLY RELEASES EACH OF THE COMPETITION ENTITIES FROM ANY LIABILITY OR CAUSE OF ACTION RELATED TO EDITING, CUTTING, COPYING, REPRODUCING, REARRANGING, COMMENTING, CHANGING, ADDING TO, DELETING FROM, TRANSLATING, DUBBING, ADAPTING OR OTHERWISE REVISING AND/OR ALTERING THE VIDEO OR BLURRING OR DISTORTING ANY PERSON, PLACE OR ITEM DEPICTED IN THE VIDEO OR ANY DISPLAY THEREOF.
The Competition Entities are not responsible for: (i) any typographical errors in these Official Rules or the advertising, promotion of the Competition; (ii) any kind of electronic, hardware, software or technical problems caused by the Competition Entities, the user or by any of the equipment or programming associated with or utilized in the Competition; or (iii) any human error which may occur in the processing of the Family Audition Entries in the Competition or selection of Finalist Families or the Favorite Family or which may limit any Entrant's ability to have his/her Family participate in the Competition.
If the Competition becomes compromised, hampered, interrupted, not capable of running as planned, or rendered impossible of performance in any way, Sponsor reserves the right, in its sole discretion, to cancel, suspend or withdraw the Competition, without notice, and, if possible, select the Favorite Family from all Family Audition Entries received for the Competition prior to or after the cancellation, suspension, reschedule or withdrawal. Votes submitted by the public which are generated by script, macro or other automated means or with the intent to undermine the integrity of the voting process will be void.
Each Entrant will not knowingly damage or cause interruption to the Competition and/or prevent others from participating in the Competition. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY FAMILY MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
9. DISPUTES; GOVERNING LAW:
Except where prohibited, as a condition of participating in this Competition, Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Competition, or any benefit or amenity in connection herewith, or the determination of the Favorite Family shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby irrevocably waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, and Entrant further waives all rights to have damages multiplied or increased.
All issues, questions and rights and obligations of an Entrant in connection with this Competition shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, County of New York.
The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Competition. All arbitration proceedings shall be conducted under the auspices of JAMS, under its Streamlined Arbitration Rules and Procedures, or subsequent versions thereof, through its New York office. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York, County of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event shall a Entrant be entitled to receive attorney's fees or other legal costs.
11. NAME OF FAVORITE FAMILY:
To receive the name/home town of the Favorite Family (available after March 30, 2009), send a self-addressed, stamped envelope before April 30, 2009 to Favorite Family - @ The Early Show, CBS News, 524 West 57th Street, New York, New York 10019.
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