FOX’S Next EMPIRE Artist Contest
1. DESCRIPTION: NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. “FOX’S Next EMPIRE Artist Contest” (the “Contest") is a singing competition in which eligible solo or group entrants (each an “Entrant”) will compete for the opportunity to appear on a future episode of the television program EMPIRE by submitting a maximum forty-five (45) second A Cappella video performance of one (1) of the Approved Tracks (the “Submission”), as further described below and in accordance with these Official Rules. The sponsor of this Contest is Fox Broadcasting Company ("Sponsor"), 10201 West Pico Boulevard, Los Angeles, California 90035. The administrator of this Contest is Creative Zing Promotion Group ("Administrator"), 189 S. Orange Ave, Suite 1130A, Orlando, Florida 32801. The Contest may be presented by one or more select advertiser(s), as determined at the sole discretion of the Sponsor. If applicable, such advertiser(s) shall each be defined as a “Presenter”. The Sponsor, Administrator, Twentieth Century Fox Television (“Producer”) and each Presenter shall collectively be referred to as the “Contest Entities” for purpose of these Official Rules.
The Contest will operate as follows:
- Submission Period: The Submission Period begins on or about Thursday, July 16, 2015 and ends on Wednesday, September 23, 2015 at 11:59:59 p.m. Eastern Time (“ET”) (the “Submission Period”).
- Contest Judging: Concurrent with the Submission Period through October 15, 2015, eligible Submissions will be judged in accordance with the Judging Criteria as described in Section 7 of these Official Rules.
- Semi-Finalist Notification: On or about Friday, October 16, 2015, up to ten (10) “Semi-Finalists”, as determined by the results of Contest Judging, will be contacted to confirm eligibility and obtain releases according to Section 8 of these Official Rules. Semi-Finalists will be required to submit additional creative materials including but not limited to a casting video, as instructed by the Contest Entities.
- Finalists Notification: On or about Monday, November 23, 2015, up to three (3) “Finalists”, as determined by the results of Contest Judging, will be contacted to obtain additional releases and agreements according to Section 9 of these Official Rules.
- Winner Notification & Announcement: The Grand Prize winner (the “Winner”) will be notified on or about Monday, December 21, 2015 according to Section 10 of these Official Rules. The Winner will be publicly revealed in a future episode of EMPIRE, currently contemplated for broadcast in Spring 2016.
2. ELIGIBILITY: To participate, Entrants must meet the following eligibility criteria and affirmatively accept these Official Rules:
- Entrant must enter as either a solo performer or group performer; Entrant must NOT enter into both categories (limit one entry per person, regardless of performance type or method of entry);
- Solo Performance: Submission features ONLY the eligible Entrant in compliance with these Official Rules.
- Group Performance: Submission features up to five (5) total eligible Entrants performing as one (1) group in compliance with these Official Rules. All group members must be eligible for the Contest in accordance with the eligibility criteria stated herein. Failure of any member of the group to meet the eligibility requirements may result in disqualification of the entire group, at the sole discretion of the Sponsor. The member of the group who is responsible for uploading the Submission will be appointed as the designated contact for the group and will be responsible for fulfilling all Submission requirements as stated herein.
- Entrant must NOT be under any contractual obligation that would conflict with this Contest or the Official Rules, including but not limited to obligations under talent agent or talent management agreements, music recording agreements, merchandising agreements and/or production agreements;
- Entrant must be a legal United States resident physically residing within the fifty (50) United States or the District of Columbia. Void in Guam, Puerto Rico and all other U.S. territories and possessions and where restricted or prohibited by law;
- Entrant must be at least eighteen (18) years of age and the age of legal majority in his/her state of primary residence at time of entry;
- Entrant (and, in the case of a group, all members of the group), if selected as a potential Semi-Finalist, must complete a Semi-Finalist Release and consent to a background check as an additional condition of eligibility prior to being confirmed as a Semi-Finalist and progressing in the Contest. Such background check may include (but is not limited to) investigation of criminal or other arrest or conviction record, and any other factor deemed relevant by Contest Entities to help ensure that an Entrant’s participation in the Contest will not, in Contest Entities’ sole discretion, bring Contest Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest Entities. If requested, each Entrant/potential Semi-Finalist must sign waiver forms authorizing the release of personal and background information. Contest Entities reserve the right to contact any person or entity, including any third party, referenced in the background check;
- Entrant (and, in the case of a group, all members of the group), if selected as a Finalist or Winner, must be available to travel on dates to be determined by the Sponsor in its sole discretion. Travel requirements will coincide with Contest-related dates including but not limited to public announcements, auditions, television production and other events for which dates have not yet been established; and
- Entrant must NOT be an employee, shareholder, officer, director, agent or representative of Contest Entities, Twenty-First Century Fox, Inc., Fox Entertainment Group, Inc., Fox Networks Group, Inc., Fox Television Group, Twentieth Century Fox Television, or each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives or promotion, tour and advertising agencies nor can Entrant be an Immediate Family Member and/or Household Member of such persons. For purposes of the Contest, "Household Members" shall mean those people who share the same residence at least three months a year; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
The Submission/Performance MUST:
- Be an A Cappella performance (vocal only; no musical accompaniment);
- Use only the approved lyrics for one (1) of the ten (10) “Approved Tracks” provided on the Contest Website and/or on the Tour;
- Feature a Solo or Group performance in which ALL participants meet the Eligibility, as defined in these Official Rules;
- Be less than forty-five (45) seconds in duration;
- Be submitted in one of the following formats: .mov; .mp4; .wmv; .3pg; .avi; .m4v; .dv; .flv; .flc; .asf; .rm; .divx; .vob; .mxf; or .webm;
- Be a maximum of two (2) GB;
- Comply with the content restrictions, as detailed below; and
- Feature only Entrant(s).
Submission/Performance must NOT:
- Use musical accompaniment or a track of any type;
- Use songs or lyrics other than those provided;
- Include commentary before or after the performance;
- Feature individuals who are under eighteen (18) years of age or who otherwise are not eligible under these Official Rules;
- Feature extraneous background individuals who are not active, eligible Entrant(s) in the Submission;
- Exceed forty-five (45) seconds in duration;
- Contain commercial or corporate logos, advertising, brand names and slogans, other than those relating to Sponsor and/or Presenter;
- Include references to alcoholic beverages, tobacco, drug paraphernalia, gangs, firearms or any depiction or representation thereof;
- Be inappropriate, offensive, libelous or defamatory, pornographic, sexually explicit, contain nudity, or be otherwise unlawful;
- Be defamatory to the Contest Entities and/or talent;
- Violate or encourage others to violate any law, statute, ordinance or regulation; or
- Defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property right or any other third party right.
By entering the Contest, each Entrant acknowledges and agrees that: (a) Contest Entities are granting Entrants a limited, non-exclusive license to use the lyrics and the creative assets included therein in connection with, and solely as a part of, the Contest, (b) Entrants shall have no right, title or interest in the Submission, and (c) any use of the Submission other than as permitted by these Official Rules may constitute copyright infringement. Entrant may not use the Submissions for any purpose outside of this Contest, including without limitation, any commercial purpose.
4. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
5. REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants as follows: (i) the Submission is the Entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with Entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (iv) Entrant and the Submission does not and will not violate these Official Rules or any applicable laws, and is not and will not be defamatory or libelous; and (v) each Entrant is at least eighteen (18) years of age and the age of legal majority in Entrant’s state of primary residence at time of entry and is not under a contract that would conflict with this Contest.
6. MATERIALS/RIGHTS IN SUBMISSIONS: In consideration of the Submission being reviewed and evaluated for this Contest, each Entrant into the Contest irrevocably grants, transfers, sells, assigns and conveys to Sponsor, Producer, and their successors and assigns, all present and future full and free right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission and or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material including but not limited to an episode of EMPIRE, for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Submission) submitted by Entrant in connection with the Contest; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Contest (the “Material”). Each Entrant understands that his or her name and Material may be posted on the Contest Website or elsewhere in connection with Contest. Entrant agrees that the Contest Entities have no obligation to use a Submission or any Material. The Contest Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission for any purpose which the Contest Entities deems necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Submission. Each Entrant agrees and acknowledges that participation in the Contest, including, without limitation, the Entrant’s decision to provide the Submission to Contest Entities for purposes of the Contest, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Contest Entities and Entrant, does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission, and that the only contracts, express or implied, between the Contest Entities and Entrant is as set forth in these Official Rules and the release forms. In addition, by participating in the Contest and providing a Submission, each Entrant hereby grants permission (except where prohibited by law) for the Contest Entities to use Entrant’s Submission, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further compensation or consideration in any and all media now known or hereafter developed throughout the universe, including, without limitation, for commercial purposes.
You hereby agree and acknowledge that by entering your Submission, and by Sponsor considering, reviewing, or evaluating your Submission: (i) you and Sponsor have NOT reached an agreement, understanding, or promise (written, oral or implied) that Sponsor will pay you or provide you credit for the use of your Submission or any portion thereof; (ii) you waive any and all rights and claims to compensation and/or credit for any and all uses of the Submission by Sponsor; (iii) you are agreeing to the foregoing in exchange for the opportunity to have your Submission considered, reviewed, or evaluated for the Contest, and that the only consideration you will receive in the event that any Contest Entity elects to, and does in fact, use your Submission is that you may be considered for the Contest prize; (iv) you have no expectation of on-going employment by Sponsor or Producer on EMPIRE or otherwise, or of being hired by Sponsor or Producer as an actor or in another capacity on EMPIRE, or otherwise; and (v) you acknowledge that your Submission may be highlighted or otherwise used by Sponsor and its Presenter for promotional and advertising purposes outside of the Contest platform. Any such use by Sponsor or its partners will not be indicative of your standing in the Contest.
7. CONTEST JUDGING: Submissions will be moderated and evaluated by a panel of judges consisting of representatives of Contest Entities and/or EMPIRE executives (“Judges”). Submissions will be evaluated based on the criteria below (“Judging Criteria”). Up to ten (10) eligible Submissions with the highest scores based on criteria 1- 4 will be selected as Semi-Finalists. Semi-Finalists will be judged on criteria 1-5 to determine up to three (3) Finalists. Finalists will be judged on criteria 1 – 6 (if applicable) to determine the Winner. All decisions of the Judges are final on all aspects of the Contest. Submissions will be scored based on the following criteria:
- Vocal Performance = 75%
- Charisma = 12.5%
- Overall Appeal = 12.5%
- Movement/Rhythm (Submission Period Tie-Breaker)
- Casting Video Results (Semi-Finalists ONLY)
- In-Person Audition Results (If applicable; Finalists ONLY)
Contest Entities reserve the right to choose fewer Semi-Finalists/Finalists and/or to extend the Submission Period and all other dates associated with the Contest in the event an insufficient number of eligible Submissions meeting the Judging Criteria are received, as determined by Sponsor and Judges in their sole discretion.
8. DETERMINATION OF SEMI-FINALIST, SEMI-FINALIST NOTIFICATION: Up to ten (10) potential Semi-Finalists (each a “Semi-Finalist”), as determined by the Judges based on criteria 1-4, will be notified by telephone and/or email on or about Friday, October 16, 2015 and will be required to respond (as directed) to the notification attempt within forty-eight (48) hours (or a shorter time if required by exigencies). The failure to respond timely to the notification may result in forfeiture of the potential Semi-Finalist standing, in such case, Contest Entities may select an alternate Semi-Finalist according to the Judges results. If the potential Semi-Finalist is a group, the designated contact for the group will be responsible for forwarding the notification to each individual Entrant in the group. Potential Semi-Finalists (and, in the case of a group, all members of the group) will be required to execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release and other related documents as may be required by the Contest Entities (the “Semi-Finalist Documents”) within a reasonable amount of time, as determined by the Contest Entities in their sole discretion. Potential Semi-Finalists CANNOT proceed in the Contest until all such properly executed and notarized Semi-Finalist Documents are returned. Upon return of the Semi-Finalist Documents and satisfactory completion of the background check, the potential Semi-Finalists will be confirmed as Semi-Finalists. Semi-Finalists are bound to confidentiality and are NOT permitted to publically announce their status as a Semi-Finalist (via social or traditional media) until the confirmed Semi-Finalists have been publicly announced by the Sponsor (if Sponsor elects to make such announcement) or such other time as Sponsor grants the confirmed Semi-Finalists permission to share their status. Each Semi-Finalist (or member of a Semi-Finalist group) will be required to complete and submit a Casting Video, as directed by the Contest Entities. The specific guidelines and criteria for such Casting Video will be communicated directly to the Semi-Finalists. In addition, each Semi-Finalist may be asked to provide three (3) reference photos of his/her unobstructed face (one (1) front, one (1) right profile and one (1) left profile) taken against a white background.
9. DETERMINATION OF FINALISTS & FINALIST NOTIFICATION: Up to three (3) potential Finalists (each a “Finalist”), as determined by the Judges based on criteria 1-5 will be notified by telephone and/or email on or about Monday, November 23, 2015. Potential Finalists (or designated group representative) will be required to respond (as directed) to the notification attempt within forty-eight (48) hours (or a shorter time if required by exigencies). Each Potential Finalist may be required to sign and have notarized additional release documents and agreements, as required by the Contest Entities (the “Finalist Documents”) prior to being confirmed as a “Finalist”. Sponsor, in its sole discretion, may request that Finalist participate in an in-person audition at time/location as determined at the sole discretion of the Sponsor. If such in-person audition is requested, the Contest Entities will work closely with the Finalist to determine mutually agreeable dates. If required, travel arrangements will be made for the Finalist and will include a minimum of roundtrip airfare (from a major airport near the Finalist’s home), hotel accommodations (single occupancy room; room & tax only) and ground transportation between airport and hotel and the hotel and audition site. Finalist must travel on the itinerary set by Sponsor. No other aspects of travel will be paid for by Sponsor (e.g., gratuities, meals, other transportation, etc.). Finalist must be able to travel and have all required documents needed to travel. The Contest Entities are not responsible for any failure to reach the end destination, whether caused by Finalist or not. Sponsor has no obligation to provide the in-person audition. If such in-person audition is required, all the specific details related to travel will be provided directly to the Finalist, if and as applicable. Finalists are bound to confidentiality and are NOT permitted to publicly announce their status as a Finalist (via social or traditional media) until the confirmed Finalists have been publicly announced by the Sponsor (if Sponsor elects to make such announcement) or such other time as Sponsor grants the confirmed Finalists permission to share their status.
10. WINNER NOTIFICATION: The potential Winner (or designated group representative) will be notified by telephone, email and/or overnight mail on or about Monday, December 21, 2015. The potential Winner (or designated group representative) will be required to respond (as directed) to the notification attempt within two (2) days of notification and will be required to sign and return a “Prize Acceptance Form” and other applicable releases and agreements, as determined by the Contest Entities, prior to officially being declared as a Winner. The failure to respond and/or return the Prize Acceptance Form in accordance with the stated deadlines may result in forfeiture of participation in the Contest and, in such case, Contest Entities may select an alternate. The Winner is bound to confidentiality and is NOT permitted to publicly announce his/her status as a Winner (via social or traditional media) until it has been publicly announced by the Sponsor or such other time as Sponsor grants the confirmed Winner permission to share his/her status. Winner will receive an IRS Form 1099 from the Contest Entities for the total cumulative value of the prize received. The IRS Form 1099 will be issued for the calendar year in which the Grand Prize is fulfilled.
Grand Prize (1)
One (1) Grand Prize is available consisting of a 4-day / 3-night trip (the “Trip”) for the winning Solo or Group “GP Winner” to visit the set and appear on the television show EMPIRE. The Trip is currently scheduled to take place in January, 2016, exact dates to be determined in the Sponsor’s sole discretion. The Trip will consist of the following:
(a.) Round-trip coach airfare for the GP Winner from a major airport with regularly scheduled commercial flights closest to GP Winner’s permanent residence to a Chicago-area airport (or, in Sponsor’s sole discretion, $500 in lieu of air travel if GP Winner lives within a 200-mile radius of the destination);
(b.) Three (3) nights hotel accommodation for GP Winner at a hotel to be selected by the Sponsor (one (1) room per person, room & tax only);
(c.) Airport transfer to and from the hotel in Chicago;
(d.) The opportunity for the GP Winner to appear on an episode of EMPIRE, as determined at the Sponsor’s sole discretion (“Appearance”); and
(e.) Ground transportation to and from the EMPIRE set.
Approximate Maximum Retail Value (“ARV”) of Grand Prize: $5,000.
TRAVEL IS SUBJECT TO CHANGE AND WILL OCCUR ON DATES TO BE DETERMINED BY THE SPONSOR TO COINCIDE WITH THE SEASON TWO (2) TAPING SCHEDULE OF EMPIRE, WHICH HAS NOT YET BEEN ESTABLISHED. The length, manner, prominence and other specifics of the Appearance will be determined at the sole discretion of Sponsor and Producer; GP Winner will be subject to all the rules and regulations of the set as detailed on-site during show production. GP Winner may be asked to sign additional confidentiality releases, on-camera releases and/or production releases as requested on-site by Producer. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. The Appearance has no associated cash value and if the Appearance becomes unavailable, or if the GP Winner is barred from attendance for any reason, applicable portions of the prize will be cancelled without substitution or compensation. If GP Winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited at the sole discretion of Sponsor. Due to post-production decisions, there is no guarantee that the GP Winner’s Appearance will be included in the final, aired episode.
Actual Grand Prize value depends on the number of GP Winners (if a Group), the place of residence, the cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. GP Winner (if a Group) must travel on the same itinerary and are responsible for obtaining the necessary travel documents. Contest Entities will not obtain travel insurance on behalf of any GP Winner. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the GP Winner. For the avoidance of doubt, the GP Winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to meals, beverages, gratuities, tips, additional ground transportation expenses, telephone charges, taxes, incidentals and other personal expenses. GP Winner must be available for travel on dates specified by the Sponsor, which are subject to change. If the potential GP winner is not available or fails to travel during the specified times, the prize may be forfeited. Travel is subject to flight and hotel availability and blackout dates and other travel restrictions may apply. GP Winner is responsible for all applicable travel and other insurance, all applicable airport charges, including, without limitation, any baggage charges, airport taxes, fuel charges and any applicable fees. Sponsor reserves the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason.
ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE GP WINNER. GP Winner cannot assign or transfer the prize to another person, except at discretion of Sponsor. Other restrictions may apply. Limit one prize per household. The Grand Prize, and all portions of the prize, are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation.
Trip Conduct: GP Winner(s) shall conduct themselves with due regard to the public conventions and morals. The GP Winner(s) shall not, while representing the Contest Entities during the Trip, commit an offense involving moral turpitude under local laws or ordinances. The GP Winner(s) shall not commit any act that will tend to degrade the Contest Entities in society or bring the Contest Entities into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Contest Entities. In the event the GP Winner(s) engages in the above or behavior that (as determined by Contest Entities in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Contest Entities reserve the right to terminate the Trip early and send the GP Winner(s) home with no further compensation.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entities use of any such similar or identical material. Each Entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Contest Entities’ actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any other production based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
13. RIGHTS OF CONTEST ENTITIES/ DISCLAIMER OF LIABILITY: Contest Entities, shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Submission whatsoever, including, without limitation any Submission which it finds to be in violation of the provisions hereof, does not fully comply with all of Contest Entities requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Contest Entities also reserve the right to replace the winning Submission with the Submission of an alternate eligible Entrant in accordance with these Official Rules if such Submission and/or Entrant is withdrawn from or removed from the Contest for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Contest Entities. Contest Entities also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Contest for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Contest or the Contest Entities and, in such situation, to select the Semi-Finalist, Finalist or Grand Prize Winner from the eligible Submissions received prior to the action taken or in such manner as deemed fair and appropriate by Contest Entities. The Contest Entities are not responsible for any materials provided by Entrants which are deemed harmful or offensive to others or for any harm incurred as a result of the Submission creation. The Contest Entities are not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed. The Contest Entities make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in the Submission. All statements and opinions made by Entrants are those of such Entrants only, and the Contest Entities neither endorse nor shall be held responsible for the reliability or accuracy of same. Contest Entities are not responsible for the content or practices of third party Web sites that may be linked to the Contest Website. This site may also be linked to Web sites operated by companies affiliated with Contest Entities. Visitors to those sites should refer to each site’s separate privacy policies and practices.
14. RELEASE: By participating, each Entrant agrees that the Contest Entities and all entities involved in the production, sponsorship and/or promotion of the prize or Sponsor’s programming, or any part thereof, including, without limitation, Twenty-First Century Fox, Inc., Fox Entertainment Group, LLC., Fox Networks Group, Inc., Fox Television Group, Twentieth Century Fox Television, Columbia and each of their respective parent, subsidiary and affiliated companies, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, the producers of Sponsor’s programs; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Contest to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Contest; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Contest; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Contest Entities reserve the right, in its sole discretion, to suspend or cancel the Contest at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Contest, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Contest Entities. Contest Entities reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Contest or to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Contest; to be attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Contest Entities may suspend or discontinue the Contest if, in their sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. CONTEST ENTITIES SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS CONTEST.
15. INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party claim or action arising out of or in connection with (i) Entrant’s participation in the Contest, (ii) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom.
16. DISPUTES: This Contest is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Contest, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
17. ARBITRATION PROVISION: By participating in this Contest, each Entrant agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) the entrant may have against a Released Party arising out of, relating to, or connected in any way with the Contest, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles, California; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms and Conditions and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Contest; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the entrant’s and/or the Released Party’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or the Released Party; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against the Released Party exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, the Released Party agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Released Party will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither entrant nor the Released Party shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
19. WINNER/OFFICIAL RULES: To obtain a copy of the Winner’s List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to FOX’S Next EMPIRE Artist Contest Winner/Rules, 189 S. Orange Ave, Suite 1130A, Orlando, Florida 32801. Requests for the names of the winner must be received no later than December 31, 2015. Vermont residents may omit return postage.