Description
Eligibility
How to Register
How to Submit
Judging
General
Disputes
Privacy
Release Waiver
Voting Availability
How to Vote
Cost of Voting
Disclaimer
Conditions

UVOTO Producer Talent Search OFFICIAL UVOTO RULES
NO PURCHASE NECESSARY TO PARTICIPATE OR TO WIN.

 1. UVOTO DESCRIPTION.

"UVOTO" is a text voting program to find the best undiscovered viral video producer  from  among entrants who participate in the community powered text voting process to identify and rank the best video producers.   The top producers will have an opportunity to have their viral video on the Uvoto TV Show, hosted by Don Voto.     Only the best videos with the most text votes qualify to make it to the TV Show and those videos will then be voted on by the audience to determine a prize winner.   
Each entrant participating in uvoto will be invited to register themselves in the system and submit the web address location of their video. The audition videos submitted by all entrants will be narrowed down by text voting from the community website members.  The community member votes will rank the videos by the videos that received the most votes.   Don Voto will take the top vote getting video submissions and then select the top 10 videos for his show and let them compete head to head on his TV program so that the show audience and community viewers will cast text votes to decide the single winner each week.   Thus, the votes of the public make the most impact to determine which entrants advance to the final round and who will be named the Winner of the contest.
Sponsors: N1NE Media & Entertainment Inc.   1253 Archer St, San Diego, CA 92109.

 2. ELIGIBILITY:

The Search is open to legal residents of the fifty (50) United States and the District of Columbia, who (i) reside and are physically located in those jurisdictions and (ii) are at least eighteen (18) years of age or the applicable age of majority in the place of their residency (if greater than eighteen (18) years of age) as of December 15, 2008. Employees, officers, directors governors, trustees, volunteers (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 Sponsors, N1NE Media & Entertainment.  Program 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 Uvoto Producer Talent Search.   The Search is void outside the United States, in Puerto Rico, all US territories and possessions and where prohibited. The Search is subject to all applicable federal, state and local laws.
BY PARTICIPATING IN THIS SEARCH, EACH ENTRANT AGREES THAT SPONSORS MAY, AT THEIR OPTION, CONDUCT A BACKGROUND CHECK ON ENTRANT, AND THAT THE SPONSORS RESERVE THE RIGHT TO DISQUALIFY ANY ENTRANT ON THE BASIS OF ANYTHING CONTAINED IN, OR OBTAINED AS A RESULT OF, THE BACKGROUND CHECK. SELECTED ENTRANTS 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 Search, individuals should log on to uvoto.com and click on the "Register Now" link. The link will take the individual to the member registration page at register . Any individual wishing to participate in the Search by submitting a video performance must first register to participate, thereby becoming an eligible participant (participants submitting Videos are referred to as "Entrants or members".   
Registration is free and available at the Uvoto Site. If an individual is not an existing Uvoto account holder, he/she must follow the instructions to create a free Uvoto ID. As part of the registration process, Participants will be required to click where indicated to signify that they have read, accept and agree to be bound by these Official Search Rules and the Release, including the decisions of the judges and, as and when applicable, the Search Entities, which are final and binding in all respects. Limit one (1) registration per person and per cell phone and per e-mail address. Any individual who attempts to register, or in the sole discretion of Sponsors is suspected of registering more than once, by any means, including but not limited to establishing multiple e-mail accounts or Uvoto IDs will be disqualified from participating in this Search.

4. HOW TO SUBMIT THE AUDITION ENTRY:

 Make a Video and Upload the Location of that Video to the Uvoto Site
Commencing January 1, 2008 each Entrant who has successfully registered will have the opportunity to make a submission showcasing their video.   The Entrant must follow the online instructions to upload his/her Video and add unique voting ID code to their videos.  The entrant must also clearly display the voting instruction information to potential voters that clearly indicates each vote cast will cost a cell phone voter .99 cents.   Each entrant must update their member profile on the UVOTO Site. Entrant must complete all information requested on the UVOTO Site, click where indicated to signify that he/she has read and agrees to the terms and conditions contained in these official rules and the release waiver, attach his/her Video formatted and encoded according to the requirements set forth at the Uvoto Site and click "Submit" .  
Any Audition Entry that is not of original nature and uses the works of copyrighted materials  and or intellectual property other than something original may be disqualified or not considered. Entry of false or misleading information by any Entrant shall be grounds for disqualification of the member Entry, at the sole discretion of Sponsors or the other Uvoto Talent Search Entities. Failure to comply with these Official Search Rules shall be grounds for disqualification of any Entry, at the sole discretion of Sponsors and other Search Entities. Performances which Sponsors or the other Search Entities deem in their sole discretion to be sexually explicit, sexually suggestive, offensive, illegal, pornographic, obscene, in bad taste, or which otherwise may reflect unfavorably on Sponsors or any of the other Search Entities are not eligible and will be disqualified.
Limit one (1) membership and ID code issuance per person. Each Entry must be submitted by the individual who produces the Video. Group entries will not be accepted in the amateur division.   They may be allowed in the professional division or the open division. . Search Entities are not responsible for lost, late, incomplete, corrupted, stolen, misdirected, delayed  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 Entry or other information, or the failure to capture such information. All Videos associated with  Entries become the property of creative commons, and will not be acknowledged or returned.
Video Requirements Summary. Each Video
  • must be uploaded to the internet
  • must have the http: address registered on uvoto
  • 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 or network standards;
  • must 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 or obscene or that is in bad taste or is otherwise objectionable to Sponsors or other Search Entities, in their sole discretion;
  • should not contain libelous or otherwise defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
  • must not include threats to any person, place, business, group or world peace;
  • must not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works or any creative element other than a solo, a cappella performance of the eligible song chosen by the Entrant; and
  • must not contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress that is not authorized by that commercial entity. .

All Entries will be reviewed by Sponsors for content before being published to TV or judged; however, such review does not relieve Entrant from responsibility for compliance with these Official Search Rules. Audition Entries that do not comply with these Official Search Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsors, in their sole discretion, will be disqualified and will not be published or considered for advancement in the Search. Certain Videos may be featured from time to time on the UVOTO Site, and/or other websites selected by the Sponsors during the Search Period, in Sponsors' sole discretion; however, being selected as a featured Video is unrelated to the judging and does not guarantee selection as a Finalist .

 5. JUDGING:

The Search will consist of  2 Rounds.
Round 1 : Throughout the Submission Period all eligible Videos uploaded to the UVOTO Site will be voted on by the community to automatically rank and track the voting and positioning of all entrants.  
A panel of judges (each, a "Judge"; collectively, the "Judges"). During the Submission Period, the Judges will evaluate all eligible  Entries and identify a number of Entries that could potentially be among the top ten (10) Entries in the Search .   The Sponsors will notify (by phone, mail and/or express mail, at Sponsors' sole discretion) the Entrant associated with each Potential Top 10 Entry (a "Potential Top 10 Entrant") that his/her Entry is being considered for a place as one the top 10 Entries. Each Potential Top 10 Entrant will be required to complete, execute and return within four (4) days of the date of notification the following: (i) an affidavit of eligibility, liability, and, unless prohibited by law, a publicity release and waiver forms authorizing the release of personal and background information; (ii) a background questionnaire; and (iii) such other and further agreements as may be required by the applicable Search Entity.  A Potential Top 10 Entrant fails to return such completed documents fully-executed within the specified time period, (b) a Potential Top 10 Entrant fails to comply with these Official Search Rules, (c) a Potential Top 10 Entrant cannot be contacted by Sponsors within a reasonable time period, or (d) notification is undeliverable, the opportunity to be selected as a Potential Top 10 Entrant will be forfeited, and, at Search Entities' sole discretion, an alternate Potential Top 10 Entrant will be notified. Following the close of the Submission Period, the Judges will select the actual top twelve (10) Entrants from among the Potential Top 10 Entrants who have submitted all required documentation, passed a background check, and otherwise complied with the Official Rules of the Search (the "Top 12 Entrants"). Judges reserve the right to choose fewer than twelve (10) 0 Entries if, in their sole discretion, they do not receive a sufficient number of eligible and/or qualified  Entries.
The Don will review the top vote getters.   The Don always maintains the right to veto any entrant if he finds they have broken the rules or the spirit of the Uvoto game. 

 

Round 2 : The Top 10 Entrants and their video Entries will be revealed on the UVOTO Site. Thereafter, beginning on the date of production the top 10 weekly contestants videos will appear on the TV shoe.
Voters will be able to view the Top 10 Entries on the UVOTO Site and TV show and vote for their favorite Entry via text voting.    The Uvoto site will tack and show all votes.Names of the Finalists will be posted on the UVOTO Site each week.   For any video that does not win their votes just push forward towards the monthly and yearly prizes. 
SMS Voting Period: Anytime during the week, month and year the community is open to vote for a video.     if an individual is a wireless service subscriber and has a text messaging capable device, such individual may vote for his/her favorite video by sending a text message to the short code which will be disclosed during the show or attached to the video.    Complete details on how to vote in the SMS Voting Period will be disclosed on the website and on the show and on the video itself.     
Results: The Finalist who receives the greatest number of total votes (i) from Public Voters during the online Voting Period plus (ii) from the public during the  SMS Voting Period will be named the Winner of the Search, subject to verification by the Search Entities.
Winner :
The Winner will receive a prize.  Weekly winners get $100 cash.   Monthly Winners $1000 cash, and Yearly winner $5,000 Cash.
7. CONDITIONS OF ENTRY:
As conditions of entry into the Search, each Entrant, subject to the Release and The Recording Academy 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 DIGITAL RECORDING HE/SHE IS SUBMITTING IN THIS SEARCH AND THE PERFORMANCE CONTAINED THEREON EXCEPT FOR ANY MUSICAL COMPOSITIONS PROVIDED BY THE SPONSORS FOR USE BY ENTRANTS IN CONNECTION WITH THIS SEARCH;
(ii) ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE VIDEO OR THE DIGITAL RECORDING THEREOF;
(iii) ENTRANT HAS NOT GRANTED, AND WILL NOT GRANT, ANY RIGHTS WHATSOEVER IN THE VIDEO OR THE DIGITAL 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; AND
(v) HIS/HER VIDEO: (1) IS ORIGINAL (EXCEPT WITH RESPECT TO MUSICAL COMPOSITIONS PROVIDED BY SPONSORS) TO ENTRANT 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 COMPOSITIONS PROVIDED BY SPONSORS, AND EXCEPT TO THE EXTENT NECESSARY TO CONFORM IT TO THE STYLE OR MANNER OF INTERPRETATION OF THE PERFORMANCE INVOLVED, IT BEING UNDERSTOOD AND AGREED THAT THE ARRANGEMENT MADE SHALL NOT (i) CHANGE THE BASIC MELODY, TITLE, FUNDAMENTAL CHARACTER OR LYRICS OF THE MUSICAL WORK IN QUESTION, OR (ii) BE SUBJECT TO ANY CLAIM OF OWNERSHIP OR PROTECTION BY THE OWNER OF THE COPYRIGHT IN AND TO THE MUSICAL WORK IN QUESTION AS A DERIVATIVE WORK); (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 WITH THE EXCEPTION OF ANY MUSICAL COMPOSITIONS PROVIDED BY THE SPONSORS FOR USE BY ENTRANTS IN CONNECTION WITH THIS SEARCH;
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 Search (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 Search Entities, their licensees, or assigns, in the Search Entities' sole discretion) in any media, format or medium 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 Search Entities' use of the Entrant's Audition Entry Materials or Additional Materials, or require the Entrant's permission for Search Entities to use them for any purpose, and agrees to never sue or assert any claim against the Search Entities' arising out of use of those Audition Entry Materials or Additional Materials or otherwise;
(d) acknowledges and agrees that (i) Search 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 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 Search Entities of any such similar or identical material, ideas and/or concepts; and (iii) Search Entities' use of material containing elements similar to or identical with those contained in the Audition Entry Materials or any Video shall not obligate Search Entities to negotiate with nor entitle Entrant to any compensation or other claim;
(e) WILL INDEMNIFY AND HOLD THE SEARCH ENTITIES AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND ANY OF THEIR EMPLOYEES (COLLECTIVELY, THE "SEARCH 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 SEARCH INDEMNITEES ARISING OUT OF OR IN CONNECTION WITH (A) ANY 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 SEARCH 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 SEARCH, 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 SEARCH; and

8. GENERAL:

The Search 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 Search, including, without limitation, its quality, merchantability or fitness for a particular purpose.
Search 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 SEARCH 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 Search Entities are not responsible for: (i) any typographical errors in these Official Search Rules or the advertising, promotion of the Search; (ii) any kind of electronic, hardware, software or technical problems caused by the Search Entities, the user or by any of the equipment or programming associated with or utilized in the Search; or (iii) any human error which may occur in the processing of the Audition Entries in the Search or selection of Top 10 Entrants,  Finalists or the Winner or which may limit any Entrant's ability to participate in the Search.
If the Search becomes compromised, hampered, interrupted, not capable of running as planned, or rendered impossible of performance in any way, Sponsors reserve the right, in their sole discretion, to cancel, suspend or withdraw the Search, without notice, and, if possible, select the Winner from all Entries received for the Search prior to or after the cancellation, suspension, reschedule or withdrawal. Votes submitted by Public Voters online or by the public during the Final SMS Voting Period 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 Search and/or prevent others from participating in the Search. CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSORS MAY DISQUALIFY ANY PARTICIPANT OR FINAL VOTER MAKING SUCH ATTEMPT AND SPONSORS MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsors reserve the right to change the rules and procedures at any time.

9. DISPUTES; GOVERNING LAW:

Except where prohibited, as a condition of participating in this Search, 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 Search, or any benefit or amenity in connection herewith, or the determination of Winner 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 Search), 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 Search shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., 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 Search 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 Search Rules and/or this Search. Any controversy or claim arising out of or relating to these Official Search Rules and/or this Search shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Search, and in no event shall a Entrant be entitled to receive attorney's fees or other legal costs.

10. PRIVACY:

By entering the Search, Entrant agrees to UVOTO!'s and CII's use of his/her personal information, as described in the applicable UVOTO! Privacy Policy, located at uvoto.com/privacy. The personal information collected from Entrants by the Sponsors.





UVOTO RELEASE, WAIVER AND ASSIGNMENT AGREEMENT (the "Release")

You must read and agree to all of the following terms before you may submit your Video:

I am submitting a video ("Video") showcasing my content pursuant to the terms of the Official Rules ("Rules") of the UVOTO producer talent search (the "Search"). A copy of the complete rules can be obtained the UVOTO websitelocated at http://UVOTO.com ("UVOTO.com"). I understand and agree that by submitting the Video, I have agreed to be legally bound by the terms and conditions of this Release, and the Rules. I further acknowledge and agree that it is my obligation to read the Rules before submitting my Video. Although from time to time reference may be made herein to the certain provisions of the Rules, I understand and agree that the Rules themselves govern the Search.
As more fully set forth in the Rules, I am submitting my Video for the purpose of having it potentially posted online and/or UVOTO.com, and to partake in the Search in which one person ultimately may be selected to have the opportunity potentially to win money from Don Voto.
I have read and understood this Release, agree to be bound by its terms and conditions, and, specifically, I am voluntarily making the representations, warranties, disclosures, covenants and agreements described below.
I understand and agree that if, at any time, any representation, warranty, disclosure, covenant or agreement made by me is found to be incorrect, incomplete, false or no longer accurate as of the time of the show, or if any covenant or agreement is breached in any respect by me, or if I otherwise fail to abide by any term or condition of this Release, the Rules or any other agreement or release entered into by me in connection with the Search, or for any other reason, any Search Entity (as defined below) may, in its sole and absolute discretion, remove me from the Search and/or withhold from me any benefits, opportunities or amenities which I would otherwise have been entitled to receive (including, but not limited to, invalidating any agreements entered into by me in connection with the Search, at the Search Entities' sole and absolute discretion) and I shall return to the appropriate Search Entity, on demand, any benefit(s) or amenity(ies) received by me or on my behalf. The Search Entities in their sole discretion, may, but shall not be required to, make any explanation or announcement, on-air or otherwise, that such Search Entity may choose as to the reason why I was removed from the Search, and I shall not have any recourse in connection therewith.
I acknowledge that UVOTO! Inc. ("UVOTO (each, a "Search Entity"; collectively, "the Search Entities") are relying on the representations, warranties, disclosures, covenants and agreements made by me in this Release, as well as upon my full compliance with the Rules, and that the Search Entities are, will or may be incurring substantial expense in reliance thereon.
The Search Entities require me to enter into this Release in order to be considered as an Entrant, and I deem it to be in my best interests to enter into this Release. Accordingly, I hereby represent and warrant that:
(1) I am a legal resident of the United States, at least 18 years old as of January 1, 2008 and am the age of legal majority in my jurisdiction of residency.
(2) I have the full right, power, authority and competence to enter into and fully perform this Release and the Rules, and to enter into any other and further agreements as may be required by the Search Entities, or any of them, in accordance with the Rules
(3) I have not entered into any other agreement, and I have not done and will not do any act or thing which in any way prevents, hampers, conflicts or interferes with the full and complete performance of my obligations, or the Search Entities' exercise of any rights which I have granted hereunder, or which interferes with the rights of any third-party.
(4) No other party, or any agent, representative or attorney of any other party, has made any promise, agreement, covenant, representation or warranty whatsoever, express or implied, which is not expressly contained herein concerning the subject matter hereof, to induce or compel me to enter into or perform under this Release, or to submit a Video, and I acknowledge that I have not entered into agreement or submitted any Video in reliance on any such promise, agreement, covenant, representation, or warranty not expressly contained herein.
(5) I meet all of the eligibility requirements set forth in the Rules rendering me eligible to partake in the Search and to submit my Video.
(6) My Video is in full compliance with the format and all the requirements and restrictions as set forth in the Rules.
(7) If, at any time, I fail to meet any of the eligibility requirements set forth in the Rules, or if my Video is found not to be in compliance with any portion of the Rules, as the Search Entities shall determine in their sole and absolute discretion, my Video will not be eligible for posting on TV and/or UVOTO.com, and I will not be eligible to participate in any portion of the Search.
(8) Even if I meet all of the eligibility requirements set forth in the Rules, and even if my Video is in full compliance with the Rules, I understand and agree that the Search Entities shall have no obligationto select my Video for posting on TV and/or UVOTO.com, or to select me personally for advancement to any round of the Search, or to select me to have the opportunity to potentially perform.
(9) If my Video is selected for posting on TV and/or UVOTO.com, I understand and agree that visitors to these websites may comment freely on my Video. The Search Entities shall not have any liability to me in connection with any such comments (which I understand may not be favorable). Such comments may be taken into account by the Search Entities in determining which videos submitted (including my Video) may advance to the next level of the Search to be voted upon by the public. I understand and agree that I shall not have any rights or claims arising from or concerning such comments.
(10) Although the Search Entities, in their sole and absolute discretion, will use reasonable efforts to ensure the integrity of any internet-based, telephonic or other voting or tabulating system or process, I acknowledge that problems may occur in connection therewith. In the event of any problems with any such voting system(s) or process(es) used in connection with the advancement of the Entrants in the Search and the selection of the ultimate winner of the Search, which problems may include the partial or total failure of the system or the misuse of the system by participating voters or others, the Search Entities nonetheless shall have the right to determine the advancement of Entrants and/or the selection of the winner of the Search in their sole discretion. Accordingly, I agree to accept the decision of the Search Entities in all such matters as final and binding.
(11) If I am selected as a Potential Top 12 Entrant in the Search, I will be required to sign additional documents and to undergo a background investigation as determined by the Search Entities in their sole and absolute discretion. In the event that I fail or refuse to sign any such documents, or that the Search Entities (or any of them) determine in their sole and absolute discretion that the results of my background investigation are unsatisfactory to them, I will be eliminated from further consideration for or participation in the Search, and will have no right or claim arising out of or concerning such elimination.
(12) As set forth in the Rules, at any time, the Search may be cancelled, suspended, rescheduled or withdrawn by the Search Entities at any time in their sole and absolute discretion..
(13) I am not currently a member of the American Federation of Television and Radio Artists (AFTRA) or of any talent union or guild., nor does it entitle me to any wages or salary or other similar compensation therefor.
(14) I have never been convicted of a felony or misdemeanor offense either as a juvenile or as an adult, nor are there any pending felony or misdemeanor charges against me. There has never been a restraining order issued against me in which there has been an allegation of harassment or any threat of violence or harm.
(15) To the best of my knowledge, I do not have a medical, psychological or emotional condition that might impact upon my health and well-being or the health and well-being of other Entrants or any other persons involved with the production of the Search.
(16) I HEREBY ACKNOWLEDGE THAT I HAVE BEEN ADVISED THAT NONE OF THE SEARCH ENTITIES IS A "TALENT AGENCY" OR "THEATRICAL EMPLOYMENT AGENCY," AND THAT NONE OF THE SEARCH ENTITIES IS SO LICENSED AS SUCH UNDER THE LAWS OF ANY STATE. I ALSO HEREBY ACKNOWLEDGE THAT I HAVE BEEN ADVISED THAT, EXCEPT AS PROVIDED OTHERWISE BY LAW, NONE OF THE SEARCH ENTITIES IS PERMITTED TO SEEK OR TO OBTAIN EMPLOYMENT OR ENGAGEMENTS FOR ME, AND THAT NONE OF THE SEARCH ENTITIES HAS AGREED TO DO SO, NOR HAS ANY SEARCH ENTITY MADE ANY REPRESENTATIONS TO ME, EITHER ORAL OR WRITTEN, TO THE CONTRARY. I HEREBY ACKNOWLEDGE THAT THE SEARCH ENTITIES DO NOT HEREBY AND HAVE NOT OFFERED TO, ATTEMPTED TO, OR PROMISED TO OBTAIN, SEEK, OR PROCURE EMPLOYMENT OR ENGAGEMENTS FOR ME WHICH WOULD REQUIRE THE SEARCH ENTITIES, OR ANY OF THEM, TO BE LICENSED AS A "TALENT AGENCY" OR "THEATRICAL EMPLOYMENT AGENCY," AND THAT NO SEARCH ENTITY IS OBLIGATED TO DO SO.
(17 I shall not do anything or cause any third party to do anything which would rig or in any way influence the outcome of the Search with the intent to deceive the viewing public, including, but not limited to, tampering with any voting system or process. I agree that I will not participate in any such act or any other deceptive act with respect to the Search, nor permit anyone to do so on my behalf.
(18) I have voluntarily agreed to participate as an Entrant. I agree to follow all rules, directions and instructions in all matters relating to the Search (including the Rules themselves, along with Entrant selections and decisions regarding the creation and implementation of terms, conditions and rules governing the Search). I further acknowledge and agree that all Search rules are subject to change by the Search Entity having control over such matters, in such Search Entity's(ies') sole and absolute discretion, at any time including, without limitation, while I am participating as an Entrant, and that such decision(s) on all discretionary matters (including, but not limited to, Entrant selection, song selection, the amount of exposure each Entrant may or may not receive in connection with the Search, and the manner in which the Search is produced) shall be final and binding upon me. In addition, if any activity in connection with the Search is suspended or halted for any reason, I shall abide by the applicable Search Entity's decision regarding the resumption of the activity and the disposition of any benefit(s) or amenities. I understand that the Search Entities reserve the right, in their sole discretion, to change, and to delete from, modify or amend the Rules and any other terms, conditions and rules affecting the conduct of the Entrants in the Search, the Search activities, the elimination of Entrants from the Search and the granting of any benefit(s) or amenity(ies) in connection with the Search. Any actual or alleged consequences of my following such rules, directions and instructions shall be included within the matters released and indemnified by this Release. For the avoidance of doubt, I hereby acknowledge and agree that all decisions by the Search Entities on each and every aspect of the Search including, without limitation, concerning the selection of all Videos submitted to be posted on TV, UVOTO.com and/or any other applicable web site, and in connection with all other selections during the Search are binding and final and are not subject to challenge or appeal. I hereby acknowledge that the interests of the Search shall override those of any participant in the Search, including me.
I acknowledge that I always have the option to discontinue my participation in the Search (or any element thereof) and to withdraw as an Entrant at any time. I understand that if I elect to withdraw from the Search, then I can no longer participate in the the Search, and I will forfeit my opportunity to receive any benefits or amenities in connection therewith.
By submitting my Video, I hereby consent to the recording, use and reuse by the Search Entities, of my persona, including, without limitation, my voice, actions, likeness, name, caricature, appearance and biographical material (i.e., collectively "Likeness") in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with my Video, the Search, and the promotion and exploitation (in any form or media) thereof. I agree that Released Parties may use all or any part of my Video and/or Likeness, and may alter or modify it regardless of whether or not I am recognizable. I grant the rights hereunder by entering the Search and submitting my Video to UVOTO.com regardless of whether or not my Video is selected for posting on tv and/or UVOTO.com, or whether or not I am selected to advance to any level of the Search. I may reveal and/or relate information about me of a personal, private, intimate, surprising, defamatory, disparaging, embarrassing or unfavorable nature. I further understand that my appearance, actions, depiction and/or portrayal in my Video and my Performance, and in any promotion thereof, may be disparaging, defamatory, embarrassing or of an otherwise unfavorable nature and may expose me to public ridicule, humiliation or condemnation. I acknowledge and agree that the Search Parties shall have the right to include any such information and any such appearance, depiction, portrayal, actions and statements in my Video and/or my Performance as edited by Search Entities in their sole discretion. I further acknowledge and agree that TV, UVOTO! and The Recording Academy shall have the right to post my Video on any websites that they deem fit and that TV and The Recording Academy shall have the worldwide right in perpetuity to broadcast or otherwise disseminate in whole or in part my Video and my Performance,  by any means now known or hereafter discovered, and in connection with any advertising and promotion thereof. I understand and agree that the Search Entities may edit, cut, copy, reproduce, rearrange, change, add to, delete from, translate, dub, adapt or otherwise revise and alter my Video or my Performance as they deem necessary in their sole and absolute discretion.
Without limiting the foregoing, I acknowledge and agree that all of the results and proceeds of my granting of rights hereunder (collectively, the "Materials") including, without limitation, the Video, all artistic, literary, dramatic, musical, photographic, audio, visual or audiovisual (still or moving, taken in connection with the Search) and any and all other materials which I may create or furnish hereunder are being specially commissioned by The Recording Academy as a contribution to an audiovisual work, and, accordingly, the copyright (and all renewals the extensions thereof) and all other proprietary rights, title and interest in and to such Materials shall be owned by The Recording Academy as the author of such Materials, which shall be considered "works-made-for-hire" for The Recording Academy pursuant to the United States Copyright Act of 1976, as amended. If any of such Materials are not deemed "works-made-for-hire," I hereby assign to The Recording Academy the entire copyright and all other rights in and to such Materials (and where any such Materials are not in existence at the date hereof, by way of present assignment of future copyright), throughout the universe for the full period of copyright and all renewals and extensions there of, and thereafter for the maximum period permitted by law. Without limiting the foregoing, as between me and The Recording Academy, The Recording Academy shall have the exclusive right to copy, reproduce, change, add to, delete from translate, distribute, transmit, exhibit, advertise, use and otherwise exploit the Materials or any part thereof, to make or authorize any ancillary use thereof (including, without limitation, the distribution or licensing of the Materials for syndication, commercial and non-commercial publishing, print or online/internet publication, home video, sound recordings, musical recordings, internet/on-line and merchandising, including but not limited to use in connection with slot machines) and to advertise and promote the foregoing, in perpetuity throughout the universe by any and all means and in any and all media whether now known or hereafter invented or devised (including, without limitation, all forms of television, theatrical, non-theatrical, cassettes, disc, and other home video devices, the internet and other on line or computer-assisted media and print media) and to authorize others to do any of the foregoing. As between me and The Recording Academy, The Recording Academy shall have the right to make any use it desires of any Materials, without the payment by The Recording Academy or anyone else of any additional compensation. As between me and The Recording Academy, all Materials that I use, create or furnish in connection with the Search  to The Recording Academy's prior approval. I, on my own behalf and on behalf of the Releasing Parties, as hereinafter defined, hereby waive unconditionally and irrevocably the benefit of any provision of law known as "moral rights," "droit moral" or similar laws now or hereafter prevailing in any part of the world which might otherwise apply to the Materials, and neither I nor the Releasing Parties shall assert any such rights against The Recording Academy (or any other Search Entity), or their respective licensees, successors and assigns. The Materials and all rights therein, including, without limitation, any so-called rental and lending rights pursuant to any European Economic Community ("EEC") directives and/or enabling or implementing legislation, laws or regulations enacted by member nations of the EEC, shall be the sole property of The Recording Academy and may be distributed, exhibited, broadcast and otherwise used and/or exploited, in whole or in part, in perpetuity, in any matter and through any media, whether now known or hereafter devised, as The Recording Academy may elect. I agree that any telecast or other exploitation of the Materials or any rights therein, whether as part of the Search and will not entitle me to receive any awards or compensation.
Accordingly:
(a)  I, on my own behalf and on behalf of each and every Releasing Parties, hereby forever and unconditionally release and waive the right to sue or assert any claim, counterclaim or set-off against any and all of the Released Parties for any Released Claims, and otherwise absolve the Released Parties of any and all liability or responsibility with regard to the subject matter of this Release.  This release and waiver shall operate regardless of fault on the part of any Released Party.  The parties agree that this Release, and this waiver and release contained herein, shall be given the broadest possible interpretation and application to the fullest extent permitted by applicable law. 
THIS WAIVER AND RELEASE WILL PROHIBIT ME AND OTHERS DERIVING RIGHTS FROM ME FROM BRINGING ANY LAWSUIT OR OTHERWISE ASSERTING ANY RELEASED CLAIM WITH RESPECT TO THE SEARCH AND ALL MATTERS COVERED BY THIS RELEASE. 
(

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Notwithstanding such provisions, this Release shall constitute a full release in accordance with its terms. I, on my own behalf and on behalf of the other Releasing Parties, knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release and this Release, and without such waiver no Search Entity would have accepted this Release or my participation in the Search in any manner whatsoever. I understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws. I further acknowledge and agree on my own behalf and on behalf of the other Releasing Parties that my and their exclusive remedy with respect to any Released Claim shall be my exercise of my right to withdraw from the Search.
This Release 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 the Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, County of New York. All claims, actions, proceedings or litigation brought by any party hereto arising under or concerning, referencing, or relating to this Release and/or the subject matter hereof shall be instituted and prosecuted exclusively within the Federal and State courts situated within the City of New York, New York and the parties hereby agree and submit to the exclusive personal jurisdiction and venue of such courts for such purposes.
I hereby waive my right to trial by jury in any action or proceeding instituted in connection with the Rules and/or this Search. Any controversy or claim arising out of or relating to the Rules and/or this Search shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Search, and in no event shall I be entitled to receive attorney's fees or other legal costs.
Without limiting the foregoing, any provision of this Release that is invalid, illegal, or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof in such jurisdiction or rendering that or any other provision of this Release invalid, illegal or unenforceable in any other jurisdiction. This Release expresses the entire agreement and understanding between me and the Search Entities and replaces any and all former and contemporaneous agreements, inducements, promises, understandings and representations between me (and anyone acting on my behalf) and the Search Entities. Any laws that require or suggest that the interpretation of a document or agreement, or the resolution of any ambiguities contained therein, should be resolved against the drafter of the document or agreement, are hereby waived by me. No modification, alteration or amendment of this Release will be valid or binding unless in writing and signed by both me and all of the Search Entities. No waiver by any of the Search Entities of any term or condition of this Release or the Rules will be construed as a waiver by the Search Entities of any other term or condition; nor will any waiver by the Search Entities of any default under or violation of this Release or the Rules be construed as a waiver by the Search Entities of any other default or violation. It is further understood and agreed that no failure or delay in exercising any right, power or privilege by the Search Entities hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege by the Search Entities hereunder. It is understood that the Search Entities retain the sole right in their discretion and ability to modify, in their sole discretion, any portion of the Rules or other eligibility requirements at any time. The Search Entities may freely assign, in whole or in part, any of their rights or obligations under this Release. I may not assign my rights and obligations under this Release.


OFFICIAL RULES FOR VOTING


1. Voting Availability:
24 hours a day.  7 days a week.   

2. How to Vote:
2.1 Text. In order to text vote, you must:

  • Provide your own wireless device capable of 2-way messaging
  • Be a wireless service subscriber with text messaging service
  • Use a participating service provider/carrier, which are:
    Cingular Wireless, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel and Dobson


To vote via text, send the keyword number relating to your contestant of choice, as shown on the weekly performance.

Example:    Text 833425   to    Shortcode # 85800.

You will receive a confirmation of entry text message for your valid votes. Any 11th vote attempt will receive a response, however it will state that your vote is "invalid" as you will have already reached your 10 vote limit. Subsequent votes after the 11th will be ignored. Only 10 text votes per phone number in a valid vote window (a vote window is determined by the phone number which resides in a time zone as defined above).

To opt-out of  any promotion at any time send STOP, QUIT, CANCEL, END or UNSUBSCRIBE to the short code 85800.

To get help on SMS voting at any time send HELP to the short code (85800), call 1-888-782-2180 or e-mail info@uvoto.com. You will not be able cast your votes via these help routes. The helpline is active between 9am and 5pm Pacific Time Monday to Friday. We will endeavor to respond to all queries but offer no guarantees.


For full information on how to vote using each voting method, please refer to the FAQs section on http://uvoto.com/help/faq  

3. Cost of Voting:
3.1. Text voting. Each text vote costs $0.99/vote plus standard text message rates, limit 10 text votes per phone number per month. In addition to Premium charge, your wireless service provider may charge you for each text message you send and receive. Please consult your wireless service provider regarding their pricing plans. Standard text message rates apply; other charges may also apply. You will not incur the Premium charge fee for invalid vote attempts beyond the 10 votes per phone number, although standard text message rates will apply.


4. Disclaimers:

Nine Media & Entertainment Inc. and their respective parent, subsidiary and affiliated entities and persons, (collectively, the "Sponsors") are not responsible for and shall not be liable for lost, incomplete, late, damaged, misdirected or incomplete text messages; difficulties, failures or malfunctions of phones (including wireless phones/handsets), phone lines or telephone systems or other communications malfunctions; cellular equipment towers, telephone systems or wireless services; interrupted or unavailable network, server; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion or for any technical problem which may cause the voting to be disrupted or corrupted.

If for any reason the voting is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsors, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, the Sponsors reserve the right, in their sole discretion, to withdraw the transmission of any vote or permanently disqualify from any promotion any person it believes has intentionally violated these rules, and to terminate or suspend voting at any point and declare the First Choice based on the votes up to that point, if it appears that the voting process has been so distorted by hacking or other interference that the results would not reflect actual valid votes should the polling continue. In the event of technical difficulties with the online voting or cell phone voting, Sponsors reserve the right to review the votes for accuracy and to take any appropriate action, including, without limitation, voiding the votes cast during the time period in which such technical difficulties occurred. Sponsors and their respective agents, officers, directors, employees, subsidiaries and affiliates assume no responsibility for any injury or damage to participants or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with this vote. Sponsors are not responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of voting information, errors in any promotional or marketing materials, for any human or electronic error, or for votes that are stolen, misdirected, garbled, delayed by computer transmissions, lost, or late.
These rules are subject to change at any time at the sole discretion of the Sponsors. Without in any way limiting the foregoing, the Sponsors reserve the right to change the limit on the number of votes, in the Sponsors' sole discretion. Notification regarding any such change will be posted at http://uvoto.com/help/faq .
Caution: Any attempt by an entrant or any other individual to deliberately damage any online service or website, tamper with the voting process, or otherwise undermine the legitimate operation of the voting is a violation of criminal and civil laws and should such an attempt be made, Administrator reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

5. Conditions for Voting:

Sponsors reserve the right to disqualify, block or remove any votes from any individual who votes by any electronic, mechanical or automated means, or otherwise tampers with the vote process, or for any other reason, as determined by Sponsors in their sole discretion.
Sponsors are not responsible for any damages to voter's device that may occur from use of service. Sponsors reserve the right, for any reason and in their sole discretion, to modify, suspend or discontinue the voting service without prior notice.

Sponsors reserve the right to modify the show's contest rules, and the terms and conditions of this voting process at any time their sole discretion



Exit your lease EARLY with NO PENALTIES!