OFFICIAL RULES (the "Official Rules")
NO PURCHASE NECESSARY TO PARTICIPATE OR TO WIN.
1. COMPETITION DESCRIPTION SUMMARY.
"BoyzIIMen A Cappella Quest" (the "Competition") is a competition in which (i) a group comprised of at least three (3) members and no more than six (6) members (each a "Group") records a video no longer than five (5) minutes in total length consisting of the Group performing an a cappella performance (i.e., vocal performance only without music playing or any other accompaniment) of a musical composition selected by the Group (a "Video") and (ii) one of the members of the Group submits such Video to The Early Show (in accordance with the submission requirements set forth in these Official Rules). The Competition begins on Wednesday, October 24, 2007 and Videos must be received by 11:59 PM Eastern Time ("ET"), Monday, November 19, 2007 (the "Submission Period"). During the Submission Period, producers from The Early Show ("Producers") in consultation with representatives from the Boyz II Men record label (the"Finalists Judges") will narrow down the Videos to five (5) Groups which the Finalists Judges like the best based on presentation and quality of performance of a Group, in their sole discretion (individually a "Finalist Group" and collectively the "Finalist Groups"). On a date selected by The Early Show between Monday, December 3, 2007 through Friday, December 14, 2007, each of the Finalist Groups will be invited by The Early Show to perform a composition a cappella live from its hometown area (i.e., from a location selected by The Early Show, including a CBS Television Network Affiliate station location in or close to a Finalist Group's hometown) during a broadcast of The Early Show (the "Hometown a cappella Performance"). After the Finalist Groups have been selected, BoyzIIMen, in its sole discretion, will chose its favorite Finalist Group (the "Winning Group"). The Early Show will announce the Winning Group during a broadcast of The Early Show on or about Monday, December 17, 2007. The Winning Group will be invited to perform live on The Early Show from New York on a date selected by The Early Show between December 18, 2007 and December 24, 2007.
The sponsor of the Competition is The Early Show, CBS News, A Division of CBS Broadcasting Inc. ("The Early Show" or "Sponsor"), 524 West 57th Street, New York, New York 10019. The Early Show broadcasts are subject to preemption and schedule changes. Decisions of Sponsor are final and binding on all matters relating to this Competition.
The Competition is open to Groups (which must include a minimum of three (3) members and a maximum of six (6) members [each a "Group Member"]) which meet the following eligibility requirements:
(a) Each Group Member must be a legal resident of one of the fifty (50) United States or the District of Columbia, who (i) resides and is physically located in one of those jurisdictions and (ii) who is at least eighteen (18) years of age or age of majority in the case of legal residents of certain states or Washington DC where the age of majority is greater than eighteen (18) years of age as of the date his/her Group's Video is submitted to The Early Show; and,
(b) Each Group must be an "amateur group", that is, a group which does not appear professionally before paying audiences, which does not have or did not in the past have an affiliation with a music recording company or which is not treated as a profesional group because of other facts or circumstances.
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., 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 called a "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. 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 GROUP MEMBER AGREES THAT SPONSOR MAY, AT ITS OPTION, CONDUCT A BACKGROUND CHECK ON SUCH GROUP MEMBER, AND THAT THE SPONSOR RESERVE THE RIGHT TO DISQUALIFY ANY GROUP ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED GROUP MEMBERS MAY 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 Group Member who desires to submit a Video of his/her Group (each an "Entrant") must log on to www.cbsnews.com, go to The Early Show section and the BoyzIIMen A Cappella Quest page (the "Quest Site"), register and complete the submission form, attach his/her Group'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 (see Rule 4), including the decisions of the Sponsor, which are final and binding in all respects. Limit one (1) registration and Video submission per Group. 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 Group will be disqualified from participating in this Competition.
4. HOW TO SUBMIT A GROUP AUDITION ENTRY:
(a) Make a Video and Upload the Group Audition Entry to the Quest Site
During the Submission Period (i.e., October 24, 2007 until 11:59 PM ET, Monday, November 19, 2007), each Entrant who has successfully registered will have the opportunity to submit a Video on behalf of his/her Group (i.e., a recording up to five (5) minutes in length of his/her Group performing a cappella a musical composition selected by the Group). The Entrant must follow the online instructions to upload his/her Group's Video to the Quest Site (the Video must be formatted and encoded according to the requirements set forth at the Quest Site and in the Video Requirements Summary in Rule 4.(b)).
In the event an Entrant cannot or has trouble uploading his/her Group's Video to the Quest Site, such Entrant may mail his/her Group's Video submission in VHS or DVD format to: BoyzIIMen A Cappella Quest @ The Early Show, CBS News, 524 West 57th Street, New York, New York 10019. A Video that is submitted on-line at the Quest Site or submitted by mail together with the submission form completed by Entrant at the time of registration is sometimes herein called a "Group Audition Entry". Any Video received that exceeds five (5) minutes in length or that contains sound recordings, musical works, lyrics or any intellectual property other than an a cappella version of a musical composition will be disqualified or not considered. Entry of false or misleading information as part of the Group Audition Entry by any Entrant shall be grounds for disqualification of the Group Audition Entry, at the sole discretion of Sponsor. Failure to comply with these Official Rules shall be grounds for disqualification of any Group 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 are objectionable to Sponsor are not eligible and will be disqualified. Limit one (1) Group Audition Entry per Group. Each Group Audition Entry must be submitted by one of the Group Members who also appears in the Video. Sponsor is not responsible for lost, late, incomplete, corrupted, stolen, misdirected or delayed Group 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 Group Audition Entry or other information, or the failure to capture such information. All Videos become the sole property of Sponsor and after completion of the Competition all Videos submitted as part of the Group Audition Entries will be destroyed and/or deleted. Group Audition Entries will not be acknowledged or returned.
(b) Video Requirements Summary. Each Video
1. must be a performance of one (1) musical composition with or without lyrics;
2. must be performed by the Group a cappella (i.e., vocal performance only without music or accompaniment of any kind);
3. must be no longer than five (5) minute in total running time with a file size no greater than twenty megabytes (20 MB) with minimum dimensions of 320x240 pixels;
4. must be delivered by uploading the Video to the Quest 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. must not include any persons other than the Entrant and the other members of Entrant's Group;
6. must 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 and music clearance obligations, if any, are the sole responsibility of such Group;
7. must not contain any content or performance that is sexually explicit, sexually suggestive, offensive, illegal, pornographic or obscene or that is in bad taste or is otherwise objectionable to Sponsor, in its sole discretion;
8. must 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. must not include threats to any person, place, business, group or world peace;
10. must not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works or any creative element other than an a cappella performance of the musical composition chosen by the Group; 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 Group Members appearing in the Video).
All Group Audition Entries will be reviewed by Sponsor for content and compliance with these Official Rules before being judged; however, such review does not relieve Entrant and Entrant's Group from responsibility for compliance with these Official Rules. Group 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 considered for advancement in the Competition.
5. SELECTION OF THE FINALIST GROUPS AND THE WINNING GROUP:
Selection of the Finalist Groups:
The Finalists Judges, in their sole discretion, shall review the Group Audition Entries including the Videos uploaded to the Quest Site or mailed to and received by The Early Show during the Submission Period. After determining that a submitted Group Audition Entry complies with these Official Rules (including the Video Requirements), the Finalist Judges will select the five (5) Groups which are its favorites based on presentation and quality of performance and will name such Groups as the Finalist Groups. The Finalists Judges reserve the right to choose fewer than five (5) Finalist Groups if, in their sole discretion, they do not receive a sufficient number of eligible and/or qualified Group Audition Entries.
Additional Requirements for Finalist Groups: Each Group Member who is part of a potential Finalist Group will be required to complete, execute and return within seven (7) days of the date of notification by Sponsor (i) a copy of these Official Rules, (ii) an affidavit of eligibility and liability and broadcast release (the "Release") and (iii) such further documents as may be required by Sponsor. If any Group Member: (a) fails to return such completed documents fully executed within the specified time period, (b) fails to comply with these Official Rules, (c) cannot be contacted by Sponsor within a reasonable time period or if notification is undeliverable, or (d) cannot participate in the Hometown a cappella Performance with his/her Group on the date specified by The Early Show, the opportunity for his/her Group to be named a Finalist Group will be forfeited, and, at Sponsor's sole discretion, the Group Members from another Group will be notified that their Group is being considered to be named as a Finalist Group.
Selection and Announcement of the Winning Group: BoyzIIMen, in its sole discretion, will chose the Winning Group from among the Finalist Groups based on which Finalist Group is its favorite. The Early Show intends to announce the Winning Group on or about Monday, December 17, 2007.
6. COMPETITION BENEFITS
Finalist Groups Award:
The Early Show will invite each of the five (5) Finalist Groups to perform a Hometown a cappella Performance during a broadcast of The Early Show on a date (between December 3, 2007 through December 14, 2007) selected by The Early Show, in its sole discretion. Finalist Group will be given less than five (5) days notice of the date of the Hometown a cappella Performance. Each Finalist Group/Group Member will be responsible for all expenses incurred in connection with such Hometown a cappella Performance including, but not limited to, all transportation expenses to/from the location (i.e., local CBS Television Network Affiliate station or other location designated by The Early Show in or near the hometown of the applicable Finalist Group) where the Hometown a cappella Performance will take place and all meals and incidental expenses related thereto.
Winning Group Award:
The Winning Group will be provided the opportunity to come to New York City, appear live on The Early Show on a date selected by The Early Show between Tuesday, December 18, 2007 and Monday, December 24, 2007 and perform a holiday musical composition a cappella from The Early Show studio (the "Winning Group Award"). Each of the Group Members from the Winning Group will receive a two (2) day/one (1) night trip to New York, New York (on a date to be determined by The Early Show between December 17, 2007 and December 24, 2007) to appear as part of the Winning Group on The Early Show and to perform a musical composition a cappella. If any Group Member in the potential Winning Group cannot travel during the travel dates that are selected by The Early Show, then that potential Winning Group shall be deemed to have forfeited the opportunity to accept the Winning Group Award, and an alternate potential Winning Group will be chosen from the remaining Finalist Groups by BoyzIIMen, in their sole discretion.
Trip amenities include round-trip economy airfare for each Group Member of the Winning Group from a major gateway city airport close to Entrant's home in the United States (final determination of the departure airport is at the sole discretion of Sponsor) to New York, New York (if any Group Member from the Winning Group lives within a one-hundred (100)-mile radius of New York, New York, ground transportation may be provided at the Sponsor's discretion); round-trip destination transportation to a hotel (airport-hotel-airport) (if a Group Member is not eligible for air transportation, round-trip airport-to-hotel transportation will not be provided); one (1) night's standard double occupancy hotel accommodations of Sponsor's choice (based on two (2) Group Members sharing per room); ground transportation to The Early Show's studios to appear on The Early Show. The aforementioned benefits and amenities to be provided to the Winning Group do not include meals, incidentals, in-room charges, telephone calls, beverages, taxes, gratuities, transportation to/from the departure airport by any Group Member or any other expenses not specified in these Official Rules. All of the expenses mentioned in the immediately preceding sentence are the sole responsibility of each Group Member in the Winning Group. Estimated total approximate retail value ("a.r.v.") of each Group Member benefit, in the aggregate, at the time these Official Rules were published: $1,500 (total a.r.v. based on six (6) Group Members in the Winning Group: $9,000). Actual a.r.v. will be based on city of origin in the United States. Winning Group will be given less than five (5) days notice prior to dates of travel associated with the Winning Group Award. Dates of travel and specifics of travel packages are at the sole discretion of Sponsor and Producer's production schedules. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Winning Group Award may not be combined with any other offer and travel may not qualify for frequent flier miles. All Group Members of the Winning Group must travel on the same itinerary, except at Sponsor's sole discretion, and are responsible for obtaining all required travel documents (e.g. acceptable photo ID). Failure of a Group Member to obtain proper travel documentation may result in cancellation and loss of Winning Group Award for the entire Winning Group.
If The Early Show is canceled, rescheduled or if for any reason, Sponsor is unable to provide the appearance on The Early Show, the Sponsor shall have no further obligation to the Winning Group other than to supply the trip to New York as described on the dates specified by The Early Show, minus the appearance on The Early Show and ground transfers to/from The Early Show. Winning Group Award is nontransferable, no substitutions or cash awards allowed, except at Sponsor's sole discretion. Each Group Member of the Winning Group is solely responsible for any and all federal, state and local taxes on the portion of the Winning Group Award furnished to such Group Member.
7. CONDITIONS OF ENTRY:
As conditions of entry into the Competition, each Entrant, subject to the Release:
(a) WARRANTS AND REPRESENTS THAT
(i) ENTRANT IS ONE OF THE INDIVIDUAL PICTURED AND HEARD IN THE VIDEO OR THE RECORDING THEREOF;
(ii) ENTRANT HAS NOT GRANTED, AND WILL NOT GRANT, ANY RIGHTS WHATSOEVER IN THE VIDEO OR THE RECORDING TO ANY OTHER PERSON OR ENTITY;
(iii) HIS/HER VIDEO OR THE 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; AND
(iv) HIS/HER VIDEO: (1) IS ORIGINAL (EXCEPT WITH RESPECT TO THE MUSICAL COMPOSITION SELECTED BY THE GROUP) AND HAS BEEN LEGALLY OBTAINED AND CREATED; (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 MUSICAL COMPOSITION SELECTED BY THE GROUP), AND EXCEPT TO THE EXTENT NECESSARY TO CONFORM IT TO THE STYLE OR MANNER OF INTERPRETATION OF THE PERFORMANCE INVOLVED : (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 OR REGULATIONS; AND (4) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM WITH THE EXCEPTION OF THE MUSICAL COMPOSITION SELECTED BY THE GROUP AND HEARD IN THE VIDEO;
(b) WILL INDEMNIFY AND HOLD THE COMPETITION ENTITIES AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND ANY OF THEIR EMPLOYEES (COLLECTIVELY, THE "COMPETITION INDEMNITEES"), HARMLESS AND WILL CAUSE THE OTHER GROUP MEMBERS OF ENTRANT'S GROUP TO INDEMNIFY AND HOLD SUCH COMPETITION INDEMNITIES 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 GROUP AUDITION ENTRY (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL CLAIMS OF THIRD PARTIES, WHETHER OR NOT GROUNDLESS, BASED ON THE SUBMISSION OF SUCH GROUP AUDITION ENTRY); (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.
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, including, without limitation, its quality, merchantability or fitness for a particular purpose.
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 Group Audition Entries in the Competition or selection of Finalist Groups or the Winning Group or which may limit any Entrant's ability to have Entrant's Group 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 reserve the right, in its sole discretion, to cancel, suspend or withdraw the Competition, without notice, and, if possible, select the Winning Group from all Group Audition Entries received for the Competition prior to or after the cancellation, suspension, reschedule or withdrawal.
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 GROUP 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 Finalist Groups and/or the Winning Group 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, other than Entrant's actual out-pocket expenses (e.g., costs associated with entering this Competition), 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. Any controversy or claim arising out of or relating to these Official Rules and/or this Competition shall be settled by binding arbitration 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, including costs associated with entering this Competition, and in no event shall a Entrant be entitled to receive attorney's fees or other legal costs.
11. NAME OF THE WINNING GROUP:
To receive the name/home town of the Winning Group and the Group Members of such Winning Group (available after December 17, 2007), send a self-addressed, stamped envelope before January 17, 2008 to Winning Group-BoyzIIMen A Cappella Quest @ The Early Show, CBS News, 524 West 57th Street, New York, New York 10019.