OVATION ONE DANCE. ONE CHANCE. COMPETITION
Official Rules
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the Ovation One Dance. One Chance. Competition (the "Contest") is Ovation, LLC ("Sponsor"), with offices located at 2850 Ocean Park Blvd, Suite 225, Santa Monica, CA 90405.
CONTEST DESCRIPTION: The Contest begins at 12:00:00 a.m. Pacific Time on August 15, 2011 and ends at 11:59:59 p.m. Pacific Time on December 1, 2011 ("Contest Period"). The Contest provides an opportunity for students to exhibit their dancing talent on a national level, and will determine which school/group is the Grand Prize Winner. On or around December 23, 2011, a panel of judges will select no more than twenty-five (25) Submissions (defined below) as the contest Semi-Finalists. The Semi-Finalists will then be judged by an independent panel of professional dancers and choreographers, who will choose four (4) Finalists plus the Grand Prize Winner. The Finalists and Grand Prize winner are eligible to win the Viewers Choice prize and, accordingly, all entrants have an opportunity to potentially win two (2) prizes. The Finalists, Viewers’ Choice, and Grand Prize Winner, will be chosen on or about January 30, 2012. Each Finalist, plus the Viewers’ Choice, will receive a $1,000 grant or scholarship for their dance company, class, school, or ensemble. The Grand Prize Winner will receive a $10,000 cash grant or scholarship for their dance company, class, school or ensemble PLUS will be showcased in a thirty (30) second spot on the Ovation television network. All entrants will be considered for promotion on Ovation’s Video-on-Demand in their local region. By participating in the Contest, each entrant (or if entrant is a minor, his or her parent or legal guardian, collectively referred to as "Entrant") unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ELIGIBILITY: Each Entrant must meet the following eligibility requirements to be eligible to enter and participate in the Contest and to win a prize:
General: The Contest is open only to residents of the 50 United States of America or the District of Columbia.
Entrant Group: The Contest is open to all dance groups, classes, ensembles, troupes or crews, which are currently active within a company, public school (including after school arts programs), private school, public agency (i.e., Parks & Recreation) or a 501(c)(3) organization. Each Entrant group must have at least three (3) members, but there is no maximum limit to the number of members in each group. All dance genres are acceptable, including, but not limited to: Modern; Hip-Hop; Jazz; Ballet; Tap; Ballroom; Latin; Contemporary; etc.
Teacher/Coach: Submissions may only be made by the group’s adult teacher, professor, instructor and/or coach, who must be eighteen (18) years old or older.
Group Member: Each group member must be thirteen (13) years old or older as of time of entry. Each group member's parent or legal guardian must read and agree to these Official Rules.
Employees of Sponsor, its prize providers and licensors, and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging, or administration of the Contest (collectively "Contest Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Contest.
HOW TO ENTER: To enter, (a) create a digital video recording of an original dance performance with a running time of no less than one (1) minute and no more than three (3) minutes in one of the following formats: .mp4, .wmv, .flv, .mov, a size of 100 MB or less (each such video a "Submission"); (b) complete the Official Entry Form; and (c) upload your Submission at www.ovationtv.com/dancecontest ("Contest Website") during the Contest Period. ENTRANT IS SOLELY RESPONSIBLE FOR OBTAINING ALL NECESSARY RIGHTS TO USE MUSIC IN THE SUBMISSION, AS FURTHER DESCRIBED BELOW. Performances can be set to any music, subject to the terms of these official Rules, and props are allowed. Submissions may only be made by the dance group’s teacher, professor, instructor and/or coach. All costs associated with the creation of the Submission are at the expense of Entrant. Limit one (1) entry per dance group. All entries received in excess of the entry limit will be disqualified. Entries must be received by Sponsor by December 1, 2011 to be eligible.
TERMS OF ENTRY: By participating in the Contest, Entrant represents and warrants that (a) it owns or controls the necessary legal and intellectual property rights in its Submission (including, without limitation, the copyright in the Submission itself and all music and other copyrightable subject matter reproduced or used in connection with the Submission and the publicity rights for anyone who is recognizable in the Submission) in order to make the grant of rights, licenses, and permissions that Entrant has made herein, and that the exercise of such rights, licenses, and permissions by Sponsor, including broadcast on national television, shall not violate or infringe the rights of any third party; (b) its Submission does not contain any content that is likely to be considered offensive by the Sponsor or could adversely affect the name, reputation, or goodwill of Sponsor.
By entering a Submission in connection with the Contest, Entrant hereby (a) grants to Sponsor and its affiliates, and their respective successors and assigns, a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, license to reproduce, modify, publicly perform, publicly display, distribute, and otherwise use the Submission by means of any and all media and devices whether now known or hereafter devised, including, without limitation, on the Ovation television network, Ovation Video-On-Demand, and on the Ovation website and in promotion, advertising, and publicity for the Submission or Sponsor; and (b) agrees to execute all further documents respecting the Submission requested by Sponsor, including any further license agreement, in order for Sponsor to use the Submission as contemplated by the Contest. For clarity, Sponsor may, in its sole discretion, use any Submission on the Ovation website. Sponsor has the right, but not the obligation, to use any Submission. PLEASE NOTE THAT SEMI-FINALISTS, FINALISTS, GRAND PRIZE WINNER, AND VIEWERS' CHOICE (OR, IF SUCH PERSON IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) WILL BE REQUIRED TO SIGN A FURTHER LICENSE AGREEMENT SUBSTANTIALLY SIMILAR TO THE LICENSE GRANT IN THESE OFFICIAL RULES AND/OR FURTHER DOCUMENTATION. IF ENTRANT FAILS OR REFUSES TO SIGN THE FURTHER LICENSE AGREEMENT AND/OR FURTHER DOCUMENTATION , ENTRANT WILL FORFEIT HIS OR HER SEMI-FINALIST STATUS OR PRIZE AND AN ALTERNATE WINNER MAY BE SELECTED.
If Entrant's Submission includes any third party content (such as photographs, artwork, or video taken or made by other persons; likenesses or voices of other persons; and/or music or audio composed, performed, or recorded by other persons), Entrant must be able to provide, upon Sponsor's request, all appropriate clearances, licenses, permissions, and releases for such third party content. In the event Entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor's sole discretion, to disqualify the applicable Submission, or seek to secure the releases for Sponsor's benefit, or modify the Submission so that it no longer requires the releases, or allow the applicable Submission to remain in the Contest. PLEASE NOTE THAT SEMI-FINALISTS, FINALISTS, GRAND PRIZE WINNER, AND VIEWERS' CHOICE (OR, IF SUCH PERSON IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) ARE REQUIRED TO COOPERATE WITH SPONSOR TO SECURE ALL APPROPRIATE RELEASES FOR ANY THIRD PARTY CONTENT INCLUDED IN THE SUBMISSION. IF ENTRANT FAILS OR REFUSES TO COOPERATE WITH SPONSOR TO SECURE ALL APPROPRIATE RELEASES FOR ANY THIRD PARTY CONTENT, ENTRANT WILL FORFEIT YOUR PRIZE AND AN ALTERNATE WINNER MAY BE SELECTED.
Sponsor reserves the right to disqualify any Submission that, in Sponsor's sole and absolute discretion violates these Official Rules.
Sponsor and/or judges reserve the right to categorize Submissions into dance genre categories according to their exclusive judgment. No substitutions of new versions of the Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Except as otherwise contemplated in these Official Rules, and to the extent Entrants may otherwise elect at the time of entry, personal information collected in connection with the Contest will be used in accordance with the online privacy policy available at www.ovation.com. Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary. Sponsor is the official timekeeper for the Contest. All entry information and materials, including any copy of the Submission submitted to Sponsor, become the property of Sponsor and will not be acknowledged or returned.
WINNER SELECTION; JUDGING CRITERIA: A panel of judges will select no more than twenty-five (25) Submissions as the Contest Semi-Finalists, from among all eligible entries received, based on the following judging criteria:
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Creativity/Originality (25%)
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Form (25%)
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Technical Dance Skills (25%)
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Group Choreography (25%)
An independent panel of professional dancers and choreographers will select four (4) Finalists and the Grand Prize Winner from among the Semi-Finalists based on the judging criteria above. For the Viewers’ Choice Award, the Semi-Finalist that receives the most votes between January 4, 2012 and January 18, 2012 in public viewer voting on the Contest Website will win that award. The judging criteria are to be applied in the sole discretion of Sponsor and the individual judges. The four (4) Finalists and Grand Prize Winner are eligible to win the Viewers Choice prize and, accordingly, all entrants have an opportunity to potentially win two (2) prizes. By entering the Contest, Entrants acknowledge that such evaluations may differ from person to person and agrees to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.
ODDS: Many will enter, only four (4) Finalists, one (1) Grand Prize Winner, and one (1)Viewers' Choice will be chosen (unless a Finalist or Grand Prize Winner is also the Viewers' Choice, in which case one (1) winner will win two (2) prizes and there will be a total of five (5) winners). Actual odds of becoming a Finalist, Grand Prize Winner, or Viewers' Choice depend on the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
PRIZES:
GRAND PRIZE. The Grand Prize is comprised of (a) the Grand Prize Winner's Submission will be showcased in a 30 second spot on the Ovation television network and (b) the Grand Prize Winner will receive a $10,000 cash grant or scholarship for their dance company, class, school or ensemble. (Approximate Retail Value: $10,000).
FINALISTS. Each Finalist (four (4) total) will receive a $1,000 cash grant or scholarship for their dance company, class, school or ensemble. (Approximate Retail Value: $1,000).
VIEWER'S CHOICE. The Viewer's Choice winner will receive a $1,000 cash grant or scholarship for their dance company, class, school or ensemble. (Approximate Retail Value: $1,000).
GENERAL PRIZE CONDITIONS:
All results of the selection are final and binding, subject to these Official Rules. In the event a Submission is discovered to be invalid for any reason whatsoever or the person who submitted the entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. Nothing set forth herein shall be construed to require that the Grand Prize Winner Submission be aired at any particular time. In the event that the Grand Prize Winner Submission is not aired as set forth herein one (1) year after the close of the Contest Period, then in lieu of having the Submission aired, such winner will receive total $250 in cash, and such amount shall constitute full satisfaction of Sponsor's prize obligation to the winner, and no other or additional compensation will be awarded. No more than the advertised number of prizes will be awarded. Prizes will be delivered only to an address in the United States. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value, in whole or in part, for any reason. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
DATES AND 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 dates or deadlines set forth in these Official Rules or otherwise governing the Contest.
NOTICE TO WINNERS: Attempts to notify potential winners will be made using the e-mail address provided at entry. Sponsor will send notices to all Semi-Finalists on or around December 23, 2011. Sponsor will send notice to the four (4) Finalists, Viewers’ Choice winner, and Grand Prize Winner on or around January 30, 2012. Sponsor is not responsible for e-mail or other communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within three (3) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.
FURTHER DOCUMENTATION: If Sponsor elects to secure Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of the Contest or these Official Rules, then each Entrant agrees to sign the same upon Sponsor's request.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Contest Entities (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including injury or death) resulting from participation in the Contest or any Contest-related activity, or from Entrants' acceptance, receipt, possession, use, or misuse of any prize, and (b) have not made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, regarding such prize's quality or fitness for a particular purpose. Entrants will indemnify and defend each of the Contest Entities from and against all third party claims arising from or relating to Entrant's participation in the Contest. Sponsor assumes no responsibility for any damage to an Entrant's computer system which is occasioned by accessing Contest-related websites or participating in the Contest, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen Submissions or prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, cable transmissions or other communications; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or Contest-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify (including, without limitation, removing a genre), suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated close of the Contest Period, Sponsor will (if possible) select winners from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any Entrant in the Contest, each Entrant irrevocably grants the Contest Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with the Contest and hereby releases the Contest Entities from any liability with respect thereto.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of Entrants and Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising from or relating to the Contest or these Official Rules must be brought in the federal or state courts located in Los Angeles, California.
WINNERS LIST/OFFICIAL RULES: To obtain any legally-required winners list (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: Ovation, LLC, Attn: The Ovation One Dance. One Chance. Competition, 2850 Ocean Park Blvd., Suite 225, Santa Monica, CA 90405. Please specify "winners list" or "Official Rules" and the name of the Contest in your request.
