CLICK HERE TO VIEW OFFICIAL RULES FOR ARTISTS

CLICK HERE TO VIEW THE NAPPY BOY DIGITAL STANDARD RECORDING CONTRACT

CLICK HERE TO VIEW OFFICIAL RULES FOR FANS

 

OurStage T-Pain “Step in the Ring” Channel Contest ("Contest")

OFFICIAL 2008 CONTEST 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 Sponsor organizations, and each of their respective parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, "Contest 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 Contest).

  2. CONTEST PERIOD: Contest begins at 12:00:00 AM Eastern Time ("ET") on November 1, 2008 and ends at 11:59:59 PM ET on November 29, 2008 ("Contest Period"). Artists must upload and enter the channel contest before November 21, 2008 at 11:59:59 PM ET. Artists should upload and enter their items early in the month to compete all month. A maximum of 1,000 submissions to the channel will be accepted. The channel will be closed for submissions once 1,000 submissions have been received, or on November 21, 2008 at 11:59:59 pm ET, whichever comes first.

  3. TO ENTER: To enter a Contest, you must first create a free Contributor account by clicking on the “Register” link found on the landing page www.ourstage.com/go/tpain ("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 up to one unique piece in the T-Pain “Step in the Ring” Contest Channel. The material submitted will be considered the Contest "Entry". BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSORS' WEBSITE, IN SPONSORS' DISCRETION. T-Pain and Nappy Boy Digital, referred to as Sponsors, reserve the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsors have no obligation to use or post any Entry you submit. Submission of an Entry grants Sponsors and their agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Entry in any way, in any and all media, without limitation, and without consideration to the entrant. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSORS AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSORS IN ANY MANNER. Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to entrants.

  4. CONTEST TERMS OF SUBMISSION: As conditions of entry into a Contest, and by uploading an Entry, each Entrant warrants and represents that uploaded Entry (a) is your original work, (b) has not been previously published, (c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (d) that you have obtained permission from a person whose name, likeness or voice is used in the Video or Music and (e) that publication of the Video or Music via various media including Web posting, will not infringe on the rights of any third party. Any such entrant will indemnify and hold harmless Sponsors from any claims to the contrary. 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 Contest Parties described in these Official Rules, and can make written copies of such permissions available to the Contest Parties upon request. By submitting an Entry, Entrant agrees to the Terms and Conditions specified on this Web site and further agrees to never sue or assert any claim against the Contest Parties' use of those Materials. Entrant agrees to indemnify and hold the Contest Parties and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Contest 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 Contest Indemnitees due to or arising out of the Entrant's Entry Materials or Additional Materials in the Contest, or the Entrant's conduct during and in connection with this Contest, including but not limited to matters relating 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 Contest 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 Contest Parties infringes on the rights of Entrant's work as contained in any Entry.
  1. ENTRY FORMAT AND CONTENT REQUIREMENTS:

Technical Requirements

Any music entered in the Contest must be at least 30 seconds long and no longer than 5 minutes of new original recording, and be submitted in one of the formats allowed on the Upload/Compete page on the Web Site.
All entries must comply with the OurStage Terms and Conditions found at http://www.ourstage.com/about/terms

Additional Requirements

  • Entry must be primarily in English.
  • No Entries will be returned. Contest Parties may, in their sole discretion, remove, delete and/or disqualify Entries deemed to be inappropriate or otherwise non-compliant.
  • 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 Contest, agree to these rules and accept the prize on behalf of the group. Neither Sponsors nor any of the Contest Parties are liable for any disputes between collaborators arising under or related to the Contest.
  • Accepted genres include: Hip-Hop, Alternative Hip-Hop, and Rap.
  • Entries limited to one submission in the T-Pain “Step in the Ring” Contest Channel per artist per month of competition.
  • No Illegal, Infringing or Abusive Message Content: You understand and acknowledge that you are responsible for your Entry, and agree not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by OurStage.
  • No Violations of Third Party Rights: You agree that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, the personnel of OurStage. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any content that contains slanderous or libelous comments about others, or that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
  • No Commercial Use: You agree that you will not post any content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service.
  • No Viruses, Corrupting Files or Interference: You agree that you will not post any software, files or links to other sites, and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Web Site, or feature of the Web Site. You further agree that you will not modify in any way any specifications, technology or application codes provided to you by OurStage or as embedded in the Entry unless expressly authorized in writing by OurStage.
  • Use of Account Information: You may not share or transfer password or other access information with any other party, temporarily or permanently. You shall bear sole responsibility for all use of your account and for the confidentiality of your password.
  • Responsibility of Postings: You understand and acknowledge that Entry is solely your responsibility, and that OurStage is not responsible for the information, data, text or other materials that may appear in Entry. Opinions expressed in Entry do not necessarily reflect the opinions of OurStage, and OurStage does not endorse and has no control over Entry. Entry is not necessarily reviewed by OurStage prior to posting and OurStage makes no warranties, express or implied, as to the Entry or to the accuracy and reliability of the Entry.
  • No Monitoring/Violation Notices: OurStage does not necessarily monitor any materials posted, transmitted, or communicated to or within the Web Site. If you believe that something on the Web Site violates these Terms, please email community@ourstage.com.
  • User Termination/No Ownership: You understand and agree that you have no ownership rights in your account or other access to the Web Site or features therein. OurStage may cancel your Account and delete all Entry(ies) associated with your Account at any time, and without notice, if OurStage deems that you have violated these Terms, the Submission Rules, the law, or for any other reason. OurStage assumes no liability for any information removed from our Web Site, and reserves the right to permanently restrict access to the Web Site or a user Account.
  • No Confidentiality: The nature of this Web Site is interactive and public. By posting Entry, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to OurStage may be used by OurStage anywhere, anytime, and for any reason whatsoever subject to the terms of the Entry License described in Ownership of Posted Content and License thereto at http://www.ourstage.com/about/terms
  • The music downloaded by you is to be used solely for the the purposes of this contest and remains the exclusive property of Nappy Boy digital and T-pain. Track may not be used for any other purpose whatsoever without the written authorazation of Nappy Boy digital. All rights reserved.

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 Contest.

  1. SELECTION OF WINNER FOR T-PAIN “STEP IN THE RING” CHANNEL CONTEST: There are four (4) rounds of voting to determine the Winner in the T-Pain “Step in the Ring” Music Channel on OurStage. Regular Judging to select the Top Twenty in the channel will run 23 days, ending 7 days before the end of the month November 23rd 11:59:59PM ET. Quarter Finals takes place on the following four days to select the Top Ten in the channel ending on November 27th 11:59:59PM ET. Semi Finals take place on the next two days to select the Top One in the channel ending November 29th 11:59:59PM ET. Final Winner selection will be done by T-Pain at the Russ Parr morning radio show on December 1st, live on air. Special consideration will be given to the Top Twenty (20) finalists in the T-Pain Step in the Ring Channel as determined by the fans on November 23rd at 11:59:59PM ET. T-Pain “Step in the Ring” Channel submissions are excluded from the OurStage Monthly Contest Finals Day taking place on the last day of the month to select the two OurStage 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 November 1, 2008 at 12:00:01 am ET and ending at 11:59:59 pm ET on November 23, 2008. Members of 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/email address. Judging or entering through multiple accounts is strictly prohibited. The Top Twenty (20) Entries in each Channel will be determined based on this 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 Twenty to determine the Top Ten (10) in each channel, starting at 12:00:00 AM ET on November 24, 2008 and ending on the fourth day from the last day of the month—November 27, 2008 11:59:59 pm ET (the "Quarter Finals Voting Period"). Semi Finals: Once the Top Ten (10) Entries for each Channel have been selected, there will be a third Judging process within the Top Ten to determine the Top One in each channel, starting on the third day from the last day of each month—November 28, 2008 at 12:00:00AM ET and ending on the second to last day of each month—November 29, 2008 at 11:59:59 PM ET (the "Semi Finals Voting Period"). Final Winner Selection for the T-Pain “Step in the Ring” Channel : Final winner selection will be done by T-Pain at the Russ Parr morning radio show on December 1, 2008, live on air. Special consideration will be given to the Top Twenty (20) finalists in the T-Pain Step in the Ring Channel as determined by the fans on November 23rd at 11:59:59PM ET. Winning artist will need to agree to the terms and conditions specified by the standard recording deal provided by Nappy Boy Records.

    Click here to view a full copy of the Nappy Boy Digital Standard Recording Contract.

    Entrants agree that the Sponsors have the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsors are final and binding. Any attempt by entrant and/or his/her family/friends to vote more than the number of times authorized using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsors the right to disqualify entrant in its reasonable discretion.

 

PRIZE(S) FOR THE T-PAIN “STEP IN THE RING” CHANNEL:

  • One high-ranking artist from the channel will be selected to receive a recording deal with T-Pain’s record label, Nappy Boy Digital, in collaboration with T-Pain. Special consideration will be given to the top 10 finalists in the T-Pain Collaboration channel, as determined by the fans on November 27th. Final winner selection will be done by T-Pain at the Russ Parr morning radio show on December 1st, live on air. Winning artist will need to agree to the terms and conditions specified by the standard recording deal provided by Nappy Boy Digital. Click here for a full copy of the Nappy Boy Digital standard recording agreement. No additional or travel expenses or compensation will be provided by Sponsors. .
  • The number one-ranking artist in the T-Pain Step in the Ring Channel Contest as determined by the fans on November 29th at 11:59:59PM will receive a $100USD online gift card.
  1. GENERAL CONDITIONS: Prize winners are solely responsible to report and pay any applicable taxes on their prize. All persons winning prizes valued at $600 or greater will receive an IRS Form 1099-MISC for the ARV of their prize. Limit one prize per household. 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. Artists (or their parent/legal guardian if an eligible minor) winning prizes valued at $600 or greater will be notified by phone and/or mail and/or electronic mail and will be required to complete, sign, notarize and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) days of attempted notification or Prize may be forfeited. If prize notification or any prize is returned as undeliverable, prize will be forfeited. If for any reason the Contest 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 Contest, Sponsors reserve the right, at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, modify or terminate the Contest or any part of the Contest. This Contest 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.
  1. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsors or Contest Parties resulting from any user's participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsors or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: 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 Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Contest 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. Sponsors and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained by any participant in the Contest or to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, Entrant (or their parent/legal guardian if an eligible minor)_agrees to release and hold Sponsors and Contest Parties harmless from any and all claims, damages or liabilities arising from or relating to such Entrant's participation in the Contest. By accepting a prize in the Contest, winners (or their parent/legal guardian if an eligible minor)_agree that the Sponsors and Contest Parties have the right to use winner's name, Entry and biographical information for advertising/promotional purposes, except where prohibited by law, and that Sponsors and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, including any travel related thereto, or any use of Entry.

 

  1. 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 T-Pain “Step in the Ring” Channel Contest "Winners List" or "Rules Request", P.O. Box 182, Chelmsford, MA 01824.

SPONSORS: OurStage, Inc., P.O. Box 182, Chelmsford, MA, 01824, and Nappy Boy Digital, LLC, 1300 S. Street., Sacramento, CA 95814

 

 

 

NAPPY BOY DIGITAL STANDARD RECORDING CONTRACT:

MASTERS:
You warrant, represent and agree that throughout the Universe Nappy Boy Digital, LLC (“Nappy Boy”) is the sole, exclusive and perpetual owner of all Masters Delivered hereunder or uploaded in conjunction Our Stage/Radio One promotion (excluding the copyright in the Compositions embodied thereon), all Videos embodying those Masters or otherwise produced hereunder (excluding the copyright in the Compositions embodied thereon), and all artwork created for use in connection with the Masters (“Artwork”), which ownership entitles among other things, to all right, title and interest in the copyright in and to the Masters, Videos (but excluding the copyrights in the Compositions contained therein) and Artwork. Each Master, Video and Artwork made under the agreement or during its term, from the inception of its recording, will be considered a “work made for hire” for Nappy Boy; if any such Master, Video or Artwork is determined not to be such a “work,” it will be deemed transferred to Nappy Boy by the agreement, together with all rights and title in and to it. You warrant, represent and agree that all Masters and Videos made under the agreement or during its term (including duplicates, work tapes, etc.), the performances contained thereon and the Recordings derived therefrom and the related Artwork, from the inception of their creation, are the sole property of Nappy Boy, in perpetuity, free from any claims by you, or any other person, and Nappy Boy has the right to use and control same subject to the terms herein. Nappy Boy (or Nappy Boy’s designees) has the exclusive right to copyright all such Masters, Videos and Artwork in its name as the author and owner of them and to secure any and all renewals and extensions of such copyright throughout the Universe. You will execute and deliver to Nappy Boy such instruments of transfer and other documents regarding the rights of Nappy Boy or its designees in the Masters, Videos and Artwork subject to the agreement as Nappy Boy may reasonably request to carry out the purpose of the agreement, and in the event you fail to sign such documents within seven (7) business days (or less, if needed and stated in the request) after your receipt of Nappy Boy’s written request therefore, Nappy Boy may sign such documents in your name or the name of You (and you hereby appoint Nappy Boy your agent and attorney-in-fact for such purposes) and make appropriate disposition of them consistent with the agreement.
Without limiting the generality of the foregoing, Nappy Boy and any Person authorized by Nappy Boy has the unlimited and exclusive rights to manufacture Records by any and all methods now or hereafter known (including without limitation CDs, DVDs, cassettes, and vinyl, electronic and digital exploitation, ring tones, ring backs, realtones, pictones, voicetones, and text messaging, satellite, broadcast, wireless, cable and/or the Internet) embodying any portion or all of the performances embodied on Masters hereunder; to publicly perform such Records and to permit the public performance thereof in any medium; to import, export, sell, transfer, lease, rent, deal in or otherwise dispose of such Masters and Records derived therefrom throughout the Universe under any trademarks, trade names or labels designated by Nappy Boy; to remix, edit or adapt the Masters to conform to technological or commercial requirements in various formats now or hereafter known or developed, or to eliminate material which might subject Nappy Boy to any legal action; to use and authorize the use of the Masters for background music, synchronization in motion pictures and television soundtracks and other similar purpose, including, without limitation, use on transportation and in commercials for any product in any and all media, without any payment other than as provided herein; or Nappy Boy and its subsidiaries, affiliates and licensees may, at their election, delay or refrain from doing any one or more of the foregoing.

Nappy Boy and any licensee of Nappy Boy each has the perpetual right, without liability to any Person, and may grant to others the right, to reproduce, print, publish or disseminate in any medium your name, the names, approved portraits, approved pictures and approved likenesses of the You and individual producer and all other Persons performing services in connection with Masters made under this agreement (including, without limitation, all professional, group and other assumed or fictitious names used by them), and approved biographical material concerning with you, the exploitation of Records hereunder and general goodwill advertising. The uses authorized by the preceding sentence include, without limitation, the use of those names, portraits, pictures, and likenesses of You in the marketing of Records and/or Masters. During the term hereof, Nappy Boy and its licensees may, in the Universe, bill, advertise and describe You as an exclusive Nappy Boy You or by a similar designation. Nappy Boy’s rights as described in this paragraph will be exclusive during the term of this agreement and nonexclusive thereafter. Subject to your previously-scheduled professional commitments (but in any event, at regular intervals), you will use best efforts to make You available from time to time to appear for photography, poster and cover art and the like, under the reasonable direction of Nappy Boy or its nominees, and to appear for interviews with representatives of the media and Nappy Boy’s publicity personnel, at Nappy Boy’s sole non-recoupable expense. You and You will not be entitled to any compensation for such services, except as may be required by applicable union agreements, provided, however, that if You is required to travel outside of a fifty mile radius of You's then place of residence, Nappy Boy will reimburse You for the reasonable travel and living expenses incurred by You in connection with the rendition of services at Nappy Boy's direction pursuant to a budget approved in advance by Nappy Boy in writing.
PROFIT SHARE:
Conditioned upon your full and faithful performance of all of the terms and conditions hereof, and in consideration of the terms herein, Nappy Boy’ ownership of copyright as outlined herein, Nappy Boy’ rights to use your name and likeness as provided herein, and the other agreements, representations and warranties contained herein, Nappy Boy agrees to pay you royalties in connection with Net Sales of Records consisting entirely of Masters hereunder and sold by Nappy Boy or Nappy Boy’s licensees as set forth below.
(a) GROSS RECEIPTS: For purposes of this agreement, the term “Gross Receipts” shall include and be the sum of the following:

(1) With respect to Records embodying the Masters, which Records are manufactured and sold in the Universe, all monies actually received by, earned by or credited to Nappy Boy or any affiliated entity or individual specifically attributable or allocable to such Records.
(2) All other actual receipts, earnings or credits against advances, other than advances or guarantees (unless specifically attributed to or fairly allocable to a particular Master or Masters hereunder), net of any actual out-of-pocket costs, and expenses of administration and collection by a non-affiliated collection agency of any nature or kind whatsoever, payable to and actually received or earned by or credited to Nappy Boy or any affiliated entity or individual with respect to the Masters, including but not limited to: (A) receipts from licensees net of any allowances, rebates, discounts, or credits or distribution fees actually granted to such licensees and related solely to the Masters; (B) net receipts from the license of rights in and to Masters or sale of Records or audiovisual Records derived from Masters to third parties; and (C) any public performance royalties actually received and specifically attributable to Records hereunder.
(b) DISTRIBUTION AND ALLOCATION OF INCOME:
(1) Nappy Boy shall account to and pay you your share of all proceeds derived from the sale or other exploitation of Masters and Records hereunder as set forth in this paragraph.
(2) “Positive Cash Flow” as used herein shall mean Nappy Boy’s Gross Receipts, and shall be calculated on a “cash flow” basis by subtracting from Gross Receipts all Direct Costs and Expenses (defined in subparagraph 6(b)(3) below) paid or incurred by Nappy Boy since the date hereof.
(3) “Direct Costs and Expenses” as used herein shall mean all bona-fide, direct out-of-pocket costs and expenses actually paid or incurred by Nappy Boy in respect of the manufacture, distribution, sale, advertising, promotion or other exploitation of Records derived solely from Masters. Direct Costs and Expenses actually paid or incurred in respect of Masters shall include, but not be limited to, the following items:
(A) All royalties payable by Nappy Boy to third parties in respect of Masters.
(B) All copyright license fees, Mechanical Royalties and other fees payable to copyright proprietors (or their designees) of all Compositions embodied in Masters which are not Controlled Compositions.
(C) Shipping and freight costs actually paid or incurred in shipping Records hereunder to licensees, distributors, subdistributors or others (rather than the cost of shipping paid or incurred by such licensees, distributors, subdistributors or others).
(D) All direct advertising costs actually paid or incurred, and all advertising allowances granted to licensees that are attributable to advertising costs actually paid or incurred in connection with Masters (and/or the Records derived therefrom), as well as all chargebacks by licensees for the actual advertising costs paid by licensees in respect of Masters and Records derived therefrom.
(E) All direct costs actually paid or incurred solely related to the distribution, marketing, publicity, exploitation or promotion (including all costs of independent promotion and publicity) of Masters and Records hereunder, including without limitation, the direct costs of materials relating to or utilized in connection with the preparation of advertising or merchandising campaigns, displays, etc.
(F) All costs of manufacturing Records actually paid by Nappy Boy hereunder.
(G) Any and all sales, use or similar taxes paid to or incurred in respect of any taxing jurisdiction.
(H) Any and all royalties or other payments made to collective bargaining organizations or trust funds thereof (including but not limited to the American Federation of Musicians (“AFM”) Special Payments Fund and Music Performance Trust Fund and the American Federation of Television and Radio Yous (“AFTRA”) Pension and Welfare Fund) in connection with the distribution or sale of Records derived from Masters.
(I) All Recording Costs hereunder, Video Costs and all production costs incurred in the production of audiovisual Records hereunder which are paid by Nappy Boy.
(J) Intentionally Omitted.
(K) Any direct out-of-pocket costs (such as, but not limited to, manufacturing, advertising (including co-op advertising), merchandising or promotional expenses) which pertain to Masters and Records hereunder as well as to Nappy Boy’s other Records shall be allocated between the Masters and Records hereunder and Nappy Boy’s other Records on a reasonable basis in accordance with generally accepted accounting principles.
(L) It is agreed that no single cost or expense shall be deducted more than once from Gross Receipts.
(c) If Nappy Boy has Positive Cash Flow (determined on a cumulative basis) for any accounting period during the Term with respect to the subject matter herein (i.e. the sale of records featuring your performances), twenty five (25%) percent of such Positive Cash Flow will be distributed to you as a royalty or will be used by Nappy Boy to recoup Advances previously paid to you hereunder, and all permissible offsets hereunder (the aforementioned royalty payable to you shall also sometimes be referred to herein as your share of “Net Profits”.
OWNERSHIP IN THE UNDERLYING COMPOSITION:
It is understood and agreed to that Faheem Najm p/k/a T-Pain shall have seventy five percent (75%) ownership of the composition and you shall have twenty five percent (25%) ownership of the composition.
SAMPLE/INTERPOLATION:
In the event it is determined that a musical/lyrical interpolation is embodied in the Composition by any aspect of your performance on the Master, then any copyright interest and rights that are required to be transferred, conveyed, or assigned to the owner or licensor of such usage embodied on the said master shall be deducted from your share of ownership. Notwithstanding anything contained herein to the contrary, you shall pay any fees incurred by Nappy Boy as a result of any so-called “sample” clearance costs shall be deemed recording costs relating to the Master.
MISCELLANEOUS:

You agree to negotiate in good faith a recording contract with Nappy Boy Digital, LLC.

 

 

 

 

OFFICAL 2008 SWEEPSTAKES RULES


OurStage T-Pain “Step in the Ring” Fan Sweepstakes



1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Void where prohibited. OurStage T-Pain Fan Sweepstakes (the "Sweepstakes") is open to legal residents of the 50 United States and the District of Columbia who are at least 13 years old by November 1, 2008. Employees of the Sponsors (as defined below) and their immediate families (parents, children, siblings and spouses of each), their IRS dependants, and members of their same households are ineligible. Anyone who attempts to defraud or in any way tampers with the Sweepstakes will be ineligible.

2. HOW TO ENTER: The Sweepstakes starts November 1, 2008 at 12:00:01 AM ET and ends November 29, 2008 at 11:59:59 PM ET ("Promotion Period"). To enter, complete a judging battle (Head to Head or Sort 4) in the OurStage T-Pain “Step in the Ring” Channel, which can be found at www.ourstage.com/go/tpain You must then register on OurStage from this page and activate your account. For each additional battle completed on OurStage, either Sort 4, or Head to Head, you will receive an additional entry into the sweepstakes. All registration information will be shared with Radio-One for any artists and fans that entered the competition through the www.ourstage.com/go/tpain.

3. SELECTION AND NOTIFICATION OF WINNERS. Prize Winner(s) will be selected in a random drawing on or about December 15, 2008 from among all eligible entries received. Odds of winning depend upon the number of eligible entries received over the entire Promotion Period. Entries become the sole property of Sponsors and will not be returned. Winner(s) will be notified by phone, mail and/or email. If a potential winner cannot be reached after 5 days from first notification attempt, or a potential winner is found to be ineligible or does not comply with the Official Rules, or any prize notification or prize is returned as undeliverable, the prize will be forfeited and an alternate winner may be selected by a second random drawing. Entrants agree to be bound by the Official Rules and any and all decisions of the judges, which are final and binding in all respects.

4. PRIZES: ONE (1) winner plus guest, selected from all entries of those who register to the site and judge in the T-Pain “Step in the Ring “Channel, will win an all expense-paid trip for two (2) to meet T-Pain backstage at one of his concerts between January 1, 2009 and March 31, 2009; an approximate retail value (ARV) of $2,500.00USD, courtesy of Nappy Boy Digital.

5. PRIZE LIMITATIONS: All expenses not specifically included in the prize as described in these Official Rules are hereby excluded. Prize is not transferable. Winner may not substitute another prize or receive a cash equivalent. Sponsors, at their sole discretion, may substitute a prize or cash of equal or greater value for any reason. Any depiction of prizes is for illustrative purposes only. Sweepstakes is subject to these Official Rules and all applicable federal, state and local laws. Winner(s) are solely responsible to report and pay all taxes on prizes if applicable. Sponsors are not responsible for delay in prize delivery.

6. GENERAL CONDITIONS: Prize winners are solely responsible to report and pay any applicable taxes on their prize. All persons winning prizes valued at $600 or greater will receive an IRS Form 1099-MISC for the ARV of their prize. Limit one prize per household. 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. Artists (or their parent/legal guardian if an eligible minor) winning prizes valued at $600 or greater will be notified by phone and/or mail and/or electronic mail and will be required to complete, sign, notarize and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release within five (5) days of attempted notification or Prize may be forfeited. If prize notification or any prize is returned as undeliverable, prize will be forfeited. If for any reason the Sweepstakes 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 Sweepstakes, Sponsors reserve the right, at their sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, modify or terminate the Sweepstakes or any part of the Sweepstakes. This Sweepstakes 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.

7. WINNERS RELEASE FORMS: The winners of the Sweepstakes will be required to complete an IRS W9 form, and where lawful, a Publicity Release before the prizes will be distributed. If the required forms are not submitted to OurStage within 5 days, these prizes will be forfeited. Except where prohibited by law, each Winner’s acceptance of prize is permission for Sponsors to use each Winner’s name, photo, likeness, biographical information, statements, voice, and address (city and state only) for advertising/publicity purposes worldwide and in all media, without further compensation. If Winner is under age 19 in AL or NE, his or her legal guardian must also sign the applicable releases and documentation.

8. LIMITATION OF LIABILITY: By entering the Sweepstakes, each entrant releases the Sponsors, their advertising and promotion agencies, and any agents involved in the development, production or handling (including prize suppliers), implementation and distribution of this Sweepstakes, and their respective parent companies, affiliates, subsidiaries, service providers, officers, employees and any other person/entity associated with the Sweepstakes (collectively, the "Sweepstakes Entities") from any and all liability for losses/injuries/expenses of any kind (including, without limitation, property damage, personal injury and/or death) resulting from participation in the Sweepstakes including acceptance and/or use/misuse of prize, or any typographical or other error in the printing, offering or announcement of any prize. By entering the Sweepstakes, entrant also grants Sponsors the right to use entry information for marketing purposes to the extent permitted by law, and releases Sponsors from any claims or liability relating to such use. Entrants agree that none of the Sweepstakes Entities has made or is responsible for any representation or guarantee, express or implied, in fact or in law, relative to the prizes.

9. JURISDICTION: Any claims or lawsuits related to the Sweepstakes brought against any Sponsor shall be brought in the courts of Middlesex County in the Commonwealth of Massachusetts. By participating in the Sweepstakes, you agree to the jurisdiction and venue of such courts, and waive all objections to such jurisdiction and venue.

10. OFFICIAL RULES AND WINNERS LIST: For Official Rules/Winners List send a self-addressed stamped envelope to: OurStage Inc, Attention: T-Pain “Step in the Ring” Sweepstakes, P.O. Box 182, Chelmsford, MA 01824.

11. SPONSORS AND ADMINISTRATORS: OurStage, Inc., P.O. Box 182, Chelmsford, MA, 01824, and Nappy Boy Digital, LLC, 1300 S. Street., Sacramento, CA 95814
Close Window