Contest Rules

OurStage Monthly Competition ("Competition")

(printed 11/09/09)

2009 OFFICIAL RULES

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. OPEN ONLY TO OURSTAGE ACCOUNT-HOLDERS WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.

1. ELIGIBILITY: Open to OurStage account-holders who have Internet access and are thirteen (13) years of age or older at the time of entry. The following are not eligible: employees, contractors, directors and officers of OurStage ("Sponsor"), and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Competition agencies involved in the administration, development, fulfillment and execution of this Competition (collectively, "Competition Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Competition).

2. CONTEST PERIOD: Competitions begin at 12:00:00 am Eastern Time ("ET") on the first of each month (1/1, 2/1, 3/1, 4/1/, 5/1, 6/1, 7/1, 8/1, 9/1, 10/1, 11/1, 12/1) and end at 11:59:59 pm ET on the last day of the same month (1/31, 2/29, 3/31, 4/30, 5/31, 6/30, 7/31, 8/31, 9/30, 10/31, 11/30, 12/31, respectively) ("Competition Period"). Competition entry must be uploaded and entered in an appropriate channel nine days before the last day of the month (before 11:59:59PM on 1/22, 2/20, 3/22, 4/21, 5/22, 6/21, 7/22, 8/22, 9/21, 10/22, 11/21, 12/22).

3. TO ENTER: To enter a Competition, you must first create a free account by logging on to www.OurStage.com ("Web Site"). Once you are on the Home Page, click on the word "Upload" at the top of the page. This will bring you to a page that will allow you to upload your material. You may enter one (1) unique piece of video or audio into one (1) channel competition where the item is appropriate for the channel, for a maximum of 3 channels per Competition Period. Limit two (2) prizes per person, household and/or email address throughout the Competition Period. The Grand Prize cannot be awarded to the same artist or band more than (1) one time per year. The material submitted will be considered the Competition Entry. Entries: must be the original work of the Entrant; must not infringe third-party's rights; must be suitable for publication (i.e., may not be obscene or indecent); must not contain obscene or pornographic material, may not contain defamatory statements, may not invade privacy or other rights of any person, firm or entity, may not in any other way violate applicable laws and regulations, and may not contain any copyrighted works (other than as owned by the Entrant). Entries containing prohibited or inappropriate content as determined by the Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to which Entries are eligible. Submission of an Entry grants Sponsor and its agents the right to publish and use the Entry in any way, in any and all media, without limitation, and without the requirement to make payment to the Entrant or to any third party, whether or not such Entry is selected as a winning Entry. Occasionally, due to the technical requirements of our Internet content delivery providers, the Entry may need to be adapted, edited, modified or compressed, however OurStage will do everything in its power to preserve the integrity of the Entry. Entries that do not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in this Competition.

4. CONTEST TERMS OF SUBMISSION: By submitting an Entry, Entrant agrees to the Terms and Conditions specified on this Web site. As conditions of entry into a Competition, and by uploading an Entry, each Entrant warrants and represents that the Entrant owns all rights to the Entry he/she is entering in the competition, including, without limitation, the digital video or audio recording, and the performance contained in each Entry. Each Entrant further warrants and represents that the Entrant has obtained permission from each person who appears in the Entry to grant the rights to the Competition Parties described in these Official Rules, and can make written copies of such permissions available to the Competition Parties upon request.

5. ENTRY FORMAT
Technical Requirements
Any Video or Music entered in a Competition must be greater than 30 seconds and no more than 15 minutes in length, and be submitted in one of the formats allowed on the Upload/Compete page on the Web Site. Content and Contributor Rules

  • No Entries will be returned. Competition Parties may, in their sole discretion, remove, delete and/or disqualify Entries deemed to be inappropriate or otherwise non-compliant.
  • Members judging during Finals week are exposed to entries from every channel, including channels some members would normally avoid due to adult-themed content. In order to protect our members while judging during Finals week, any entry that violates our guidelines regarding offensive material in title, imagery, or content may be altered to mask the offensive content or be removed from the site. Depending on the nature of the offensive content, it could also warrant account deactivation under our Terms and Conditions.
  • Entrants who submit adult-themed content risk having that content flagged as such, if and when a flagging feature is available on OurStage.
  • Entrants must fill out a profile for their Fan Club.
  • If any group of individuals elects to collaborate on an Entry, they are required to designate one (1) person as the agent of the group to enter the Competition, agree to these rules and accept the prize on behalf of the group. Any act/band submitting material as that act/band must have only one (1) contributor account. Creating multiple accounts that represent your group's body of work by using different email addresses and/or account holder/display names is a violation of our Terms and Conditions and may warrant account deactivation. Neither Sponsor nor any of the Competition Parties are liable for any disputes between collaborators arising under or related to the Competition.

6. SELECTION OF WINNERS: There are four (4) rounds of voting to determine the Winners across all Channels for the program. Regular Judging to select the Top Twenty in each channel runs 22, 23 to 24 days, always ending 7 days before the end of the month. Quarter Finals take place on the following four days to select the Top Ten in each channel. Semi Finals take place on the next two days to select the Top Ones in each channel. Finals take place on the last day of the month to select the two Grand Prize Winners- one in Video and one in Music. Regular Judging: All eligible Entries will be posted on the Web Site. There will be a public vote online ("Judging") to determine the top twenty (20) Entries from each Channel on www.OurStage.com starting on the first of each month of 2009 (1/1, 2/1, 3/1, 4/1, 5/1, 6/1, 7/1, 8/1, 9/1, 10/1, 11/1, 12/1) at 12:00:01 am ET and ending 7 days before the end of each month (1/24, 2/22, 3/24, 4/23, 5/24, 6/23, 7/24, 8/24, 9/23, 10/24, 11/23, 12/24, respectively) at 11:59:59 pm ET. Members to www.OurStage.com will be asked during this Judging process to rank an Entry compared to another Entry. Automated methods of voting are strictly prohibited. One account per person. Judging or entering through multiple accounts is strictly prohibited. The top twenty (20) Entries in each Channel will be determined based on Judging using proprietary ranking algorithms. Quarter Finals: Once the top twenty (20) Entries for each Channel have been selected, there will be a second Judging process within the top 20, starting on the seventh day from the last day of each month (1/25, 2/23, 3/25, 4/24, 5/25, 6/24, 7/25, 8/25, 9/24, 10/25, 11/24, 12/25) at 12:00:00 am ET and ending on the fourth day from the last day of each month (1/28, 2/26, 3/28, 4/27, 5/28, 6/27, 7/28, 8/28, 9/27, 10/28, 11/27, 12/28, respectively) at 11:59:59 pm ET (the "Quarter Finals Voting Period") to determine the top ten (10) for each Channel. Semi Finals: Once the top ten (10) Entries for each Channel have been selected, there will be a third Judging process within the top 10, starting on the third day from the last day of each month (1/29, 2/27, 3/29, 4/28, 5/29, 6/28, 7/29, 8/29, 9/28, 10/29, 11/28, 12/29) at 12:00:00 am ET and ending on the second to last day of each month (1/30, 2/28, 3/30, 4/29, 5/30, 6/29, 7/30, 8/30, 9/29, 10/30, 11/29, 12/30, respectively) at 11:59:59 pm ET (the "Semi Finals Voting Period") to determine the top ones (1) for each Channel. Finals: Once the top one (1) Entries for each Channel have been selected, there will be a fourth Judging process within the top ones, during the last day of each month (1/31, 2/29, 3/31, 4/30, 5/31, 6/30, 7/31, 8/31, 9/30, 10/31, 11/30, 12/31) at 12:00:00 am ET and ending at 11:59:59 pm ET (the "Finals Voting Period") to determine the two Grand Prize Winners, one for Video and one for Music. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Competition and that all decisions of Sponsor are final and binding.

7. PRIZES:

TWO (2) GRAND PRIZES, one for Music and one for Video, for each Competition Period, a check payable to the Music winner in the amount of $5,000, and a check payable to the Video winner in the amount of $1,000.

ONE (1) FIRST PRIZE FOR EACH CHANNEL on the site (one for each Channel winner who is not selected as a Grand Prize winner for each Competition Period): a $100 Online Gift Card. Gift card is subject to the terms and conditions stated thereon. Approximate retail value ("ARV") of each First Prize is $100.

Other Partner Prizes may become available, and will be distributed at the sole discretion of Sponsor. Partner Prizes may also be subject to additional terms and conditions as determined solely by that Partner.

8. GENERAL CONDITIONS: Prize winners are solely responsible for any taxes on the prize, and Grand Prize Winners will receive an IRS Form 1099 for the ARV of the prize. Grand Prizes are non-transferable. By participating, Entrants agree to these Official Rules and Sponsors Privacy Policy (available at www.OurStage.com) which are final and binding in all respects. Unclaimed prizes will not be awarded. Grand Prize Winners will be notified by phone and/or mail and will be required to complete, sign, notarize and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within ten (10) days of attempted notification, or Grand Prize may be forfeited. To claim the Channel prize, winners will be notified by email and must verify the mailing address used to create their account and their phone number within ten (10) days of attempted notification. If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Sponsor reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the entry process, and to cancel, modify or terminate the Competition or any part of the Competition. This Competition is governed by the laws of the Commonwealth of Massachusetts, with venue in Middlesex County, Massachusetts, and all claims must be resolved in the federal or state courts located in Middlesex County, Massachusetts.

9. INDEMNIFICATION: Entrant agrees to never sue or assert any claim against the Competition Parties' use of those Materials. Entrant agrees to indemnify and hold the Competition Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Competition Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Competition Indemnitees due to or arising out of the Entrant's Entry Materials or Additional Materials in the Competition, or the Entrant's conduct during and in connection with this Competition, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation. Entrant agrees to release and indemnify and hold harmless Sponsor and the Competition Parties from any and all claims that any advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor or the Competition Parties infringes on the rights of Entrant's work as contained in any Entry.

10. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Competition Parties resulting from any user's participation in or attempt to participate in the Competition or ability or inability to upload or download any information in connection with participating in the Competition. No responsibility or liability is assumed by the Sponsor or Competition Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Competition: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Competition, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Competition, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Competition. Sponsor and Competition Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user's own risk. Sponsor and the Competition Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Competition, use of the Web Site or the download of any information from the Web Site. By participating in the Competition, Entrant agrees to release and hold Sponsor and Competition Parties harmless from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Competition. By accepting a prize in the Competition, winners agree that the Sponsor and Competition Parties shall not be liable for any loss or injury resulting from participation in the Competition, acceptance or use of any prize.

11. WINNERS' LIST/RULES REQUEST: For winner names or Official Rules, send your request with a self-addressed, stamped envelope postmarked specifying "Winner List" or "Rules Request" to: OurStage Monthly Competition "Winners List" or "Rules Request", P.O. Box 182, Chelmsford, MA 01824.

12. SPONSOR: OurStage, Inc. P.O. Box 182, Chelmsford, MA. 01824.

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