Promotion Official Rules
Eligibility: To be eligible to participate in the Georgia Lottery All Access Music Search Program (the "Program"), you must be a legal resident of the state of Georgia who is 18 years of age or older. Employees of the Georgia Lottery Corporation (“Sponsor”), Pollard Banknote Limited Partnership, BBDO Atlanta, What’s Up, LLC, EMI Group Limited, Capitol Records, WSB-TV, and their respective parent companies, affiliates, subsidiaries, directors, officers, agents, contractors, advertising/promotional agencies (collectively, “Sponsors”), employees and immediate family members living in the same household of each, or any other person or entity connected with the production, administration, or judging of the Audition and Performances of the Program, any television station or channel, cable network, or satellite network that may air or otherwise exhibit the Program or variation thereof, any person involved in the development, production, distribution, or other exploitation of the Program or any variation thereof, any Sponsor of the Program or its advertising agency, or any person or entity supplying services or prizes to the Program are not eligible. In addition, to the best of your knowledge, you do not know anyone who is now or has been in the past two (2) years an employee or independent contractor of any of the entities described in this paragraph. Sponsor reserves the right to remove from the Program any person it determines, in its sole discretion, is sufficiently connected with the Program or any of the entities described in this paragraph such that such person’s participation in the Program could create the appearance of impropriety. Void where prohibited by law.
You also must be able to demonstrate to the satisfaction of the Georgia Lottery Corporation that you do not have any of the following agreements in effect (written or oral):
In the event you are selected to advance in the Program Audition and Performances process, you will be contacted by a Program Sponsor and required to execute additional documents, provide additional information, and undergo additional screening, including, without limitation, a background and/or personal records check in order to advance further in the Audition and Performances process. You will be required to fill out, sign, and agree to all of the terms and conditions of Sponsor's required forms. Your family and/or guests should also be prepared to sign releases concerning the possible taping and/or recording of their name, likeness, voice, conversation, etc. If you advance in the competition, you may be required by the Sponsor to fill out, sign, and agree to all of the terms and conditions of additional forms, including a talent management contract, recording contract, and/or merchandising contract. You may also be subject to a thorough background investigation and other examinations at Sponsor's discretion. ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF YOU FAIL TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, YOU MAY BE DISQUALIFIED FROM THE AUDITION AND PERFORMANCES PROCESS.
How to Participate: Commencing October 14, 2010, at 12:00 a.m. Eastern Standard Time and continuing through October 27, 2010, at 12:00 p.m. Eastern Standard Time (the “Registration Period”), an individual or group (up to five (5) individuals per group) must complete a registration form at www.galottery.com/musicsearch in order to be considered for participation in the Program. The registration process shall include the selection of an Audition Location (Macon, Atlanta, Savannah, or Columbus, Georgia) and a musical category (Rock, Country, Pop/R&B, or Hip-Hop/Rap). An individual may only participate in one (1) Audition and cannot be part of a group auditioning in any other Audition Location or Musical Category. Only one (1) registration form may be submitted by any individual or group; multiple registration forms submitted for the same individual or group will be disqualified.
Upon submission of the completed registration form, a confirmation message will be displayed, and a confirmation e-mail message will be sent to the e-mail address(es) provided prior to the audition. The confirmation containing your unique audition number must be presented at the Audition Location on the specified date and time, along with a federal- or state-issued identification document, in order to be considered for participation in the Program. Each individual listed on the registration form must provide a state- or federal-issued photo identification document. Additionally, each individual listed on the registration form must provide a signed “Personal Release” form. The first 250 registrations in each Musical Category per Audition Location will be accepted.
Proof of submission does not constitute proof of delivery or registration. Each registration submission must be manually keystroke and manually entered by the individual Participant. Automated and/or repetitive electronic submission of registration (including, but not limited to, registrations submitted using any script, macro, bot, or service) will be disqualified, and transmissions from these or related e-mail or IP addresses may be blocked. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Program or to be acting in violation of these Official Rules.
Sponsor is not responsible for incomplete, lost, late, damaged, illegible, garbled, misdirected, or forged e-mail; or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections; or failed, incomplete, garbled, or delayed computer transmissions or any combination thereof. Sponsor not responsible for any damage to any individual’s computer system/software related to or resulting from participation or downloading any materials in this Program. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Program is not capable of running as planned due to, without limitation, errors in these Official Rules, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes outside control of Sponsor which impair or affect the administration, security, fairness, integrity, or proper conduct of this Program, Sponsor reserves the right at its sole discretion to cancel, modify, terminate, or suspend the Program. In the event of cancelation or termination, a notice will be posted on the program website at www.galottery.com/musicsearch. The computer clock of Sponsor’s webmaster is the official timekeeping device of the Program.
Audition and Performances: Each registered individual or group will have an opportunity to audition a musical song not to exceed 60 seconds in total aggregate length. Audition and Performances may be featured on the Program website and may be viewable by the public. The Audition and Performances may be shared on approved social networking sites pursuant to the terms of the Program website. The Audition song must meet the following criteria:
By participating in the Audition and Performances, you represent and warrant that you are the sole copyright owner of the Audition and Performances, and that you have the authority to grant the permission and rights granted herein, and that no other permission is required to grant such rights, and you hereby irrevocably grant Sponsor and its assignees the right, but not the obligation, to use the Audition and Performances, your name, voice, likeness, biographical information, address (i.e., city and state) (collectively "Attributes"), and any statements made by or attributed to you for advertising and promotional purposes in any and all media, now known or hereafter devised (including, without limitation, by telecast on the Program) without notice, review, or approval in perpetuity and throughout the universe without further compensation, and you hereby release Sponsor and Sponsors, Program casting personnel and their respective parent, subsidiaries, and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, licensees, licensors, and agents of each (“Program Entities”) from all claims arising out of any such use.
The Program Entities shall not be responsible for incorrect or inaccurate Audition and Performances information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error or any other intentional, casual, or inadvertent misconduct, which may occur in the processing of the Audition and Performances. The Program Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft, destruction, unauthorized access to, or alteration of responses. The use of any device to automate the Audition and Performances process is prohibited.
The judging process will be based on the following criteria:
The elimination process is as follows:
Round one of the auditions will encompass 250 registered musical acts in each of the four music genres at four audition locations: Atlanta, Macon, Savannah, and Columbus. The top five acts in each genre at each audition location will be invited to Atlanta for the second round of auditions. The second round of auditions will take the top three musical acts in each genre to create the Top 12 Finalists. The Top 12 Finalists will be voted on through an online public poll and also evaluated by a panel of judges. A winner will be selected from each genre. The final selections will be evaluated and reviewed by the Sponsor and deemed final at the sole discretion of the Sponsor.
Prizes: Four Grand Prize Winners, one winner in each of the four music genres (Country, Rock, Pop/R&B and Hip-Hop/Rap) will be selected. Each Grand Prize winner(s) will receive a trip to Los Angeles, California for a four-hour recording session at the Capitol Records Tower in Hollywood. Each member of the musical act will receive round-trip coach air transportation to travel from Hartsfield-Jackson Atlanta International Airport to Los Angeles International Airport, three (3) days, two (2) night’s standard accommodations at a hotel selected by Sponsors, one (1) standard room, double occupancy, ground transfers between airport and hotel and the Capitol Records Tower and $500 in spending money. The Georgia Lottery will pay the minimum required federal and state tax withholdings as part of the Grand Prize. Approximate retail value ("ARV") of a Grand Prize, if the musical act consists of five members, is seven thousand five hundred sixty-six dollars ($7,566.00) per member. Approximate retail value ("ARV") of a Grand Prize, if the musical act consists of four members, is eight thousand six hundred ninety-six dollars ($8,696.00) per member. Approximate retail value ("ARV") of a Grand Prize, if the musical act consists of three members, is ten thousand five hundred eighty dollars ($10,580) per member. Approximate retail value ("ARV") of a Grand Prize, if the musical act consists of two members, is fourteen thousand three hundred forty-eight dollars ($14,348) per member. Approximate retail value ("ARV") of a Grand Prize, if the musical act consists of one member, is twenty-five thousand six hundred fifty-three dollars ($25,653). Approximate retail values include the minimum required federal and state tax withholdings.
Grand Prizes are not transferable or assignable, and no substitutes for prizes are available, except by Sponsor, which reserves the right, in its sole discretion, to substitute different prizes of comparable value. Sponsor's decisions shall be final and conclusive in all matters relating to the Program. Potential winner(s) must accept prize in its entirety or prize will be forfeited and an alternate winner selected. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once booked, no change, extension, or substitution of trip dates is permitted, except by Sponsors at their sole discretion.
Grand prize winner(s) are responsible for obtaining all necessary and required travel documents. All meals, gratuities, additional ground transfers, transportation, excursions, insurance, incidentals, departure, and any other expenses not specified herein are the sole responsibility of the winner. Grand Prize Winners will be responsible for any additional federal and state withholdings, other legally required withholdings, and/or applicable federal, state, and local taxes and any customs charges or tariffs on the Prize. All Prize Winners will be required to furnish their social security number for federal and state tax reporting and withholding.
Winner Notification: Telephone contact will be attempted for each potential Prize Winner who has a telephone number listed in their All Access Music Search registration. Each potential Prize Winner will be notified by U.S. mail or e-mail at the street address and/or e-mail address provided in their All Access Music Search profile upon entry into the Promotion. Prize Winners will be required to complete and sign a Winner Claim Form and return the form and other required documents within 14 days of the corresponding Winner Announcement. Prize Winners will be required to complete an Affidavit of Eligibility and Liability/Publicity Release and return it within 14 days of the corresponding Winner Announcement. If after reasonable attempts to contact a Prize Winner by the Georgia Lottery Corporation, a Prize Winner does not return the form(s) within 14 days of the Winner Announcement, the Prize may be forfeited. In the event a Prize is forfeited, an Alternate will be awarded the Prize.
Proof of sending will not be deemed to be proof of receipt by Sponsor. By completing the registration process, a participant agrees to allow use of his or her name, in full or in part, for any and all purposes in any and all media now known or hereinafter developed without territorial or time limitations and without compensation, including, but not limited to, for promotional and advertising purposes.
License: You shall retain all ownership rights in your song and/or other music material that can be considered intellectual property used in the Audition and Performances. However, by participating in the Audition and Performances, you hereby grant to the Program Entities and Sponsor in perpetuity, a universal, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition and Performances for any purpose whatsoever, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising, the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof); and (ii) Sponsors’ Internet websites, wireless applications, interactive television, video on demand, and any other media or technology (including, without limitation, Internet protocol, wireless, interactive platforms, or interfaces) through which Sponsor distributes content to end users, whether now existing or hereafter developed platforms, in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit, or other obligation to you. For the avoidance of doubt, without limiting the generality of the rights granted to the Program Entities or Sponsors, these rights include, without limitation, the absolute right to edit and/or alter any Audition and Performances; distribute and synchronize all or any portion of your Audition and Performances in timed relation to any other visual elements; to webcast, podcast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Audition and Performances; to encrypt, encode and decode, and compress and decompress all or any portion of your Audition and Performances; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions, and/or other material to all or any portion of your Audition and Performances; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Audition and Performances; and to excerpt and/or extract portions of your Audition and Performances in order to host, store, index, categorize, and display your Audition and Performances on or through the Platforms. The Program Entities reserve the right to use (or not use) your Audition and Performances at all and/or as little of the Audition and Performances as they so choose.
Representations and Warranties/Indemnification: Each individual who participates in the Audition and Performances represents and warrants to the Program Entities and Sponsor as follows: (i) the song and/or other music material that can be considered intellectual property is the participant's own original, previously unpublished, and previously unproduced work; (ii) the song and/or other music material that can be considered intellectual property is wholly original with participant and, as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the song and/or other music material that can be considered intellectual property neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the song and/or other music material that can be considered intellectual property does not and will not violate any applicable laws and meets the Audition and Performances criteria as set forth above. Each song and/or other music material that can be considered intellectual property must not contain any unauthorized third-party-owned material, including, but not limited to, trademarks, logos, background music, depictions of actors, and the like. Further, participants will, upon request, furnish to Sponsor any documentation, substantiation, and releases necessary and reasonably required documentation from anyone who assisted in the creation of the Audition and Performances to prove, confirm, verify, and substantiate Participant's compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties. In the event a Participant cannot provide all required releases, Sponsor reserves the right, in its sole discretion, to discard or remove the applicable Audition and Performances, or seek to secure the releases and clearances for Sponsor's benefit, or allow the applicable Audition and Performances to be utilized. Additionally, Participant represents and warrants that he or she will not have and will not acquire any trademark rights, copyrights, or any other rights in Sponsor's trademarks, trade names, logos, or other intellectual property. Program Entities and Sponsor specifically reserve all their rights to protect their intellectual property against any infringement or other illegal or improper use. Each Participant hereby agrees to indemnify and hold the Program Entities and Sponsor harmless from and against any and all third-party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, or agreements of participant hereunder.
Conditions of Participation: This Program is subject to all applicable federal, state, and local laws. Each Participant hereby: (a) agrees that Program Entities and Sponsors shall have no liability whatsoever for and shall be held harmless by participants against any liability for any injuries, losses, or damages of any kind to person(s), including death or property, resulting in whole or in part, directly or indirectly, as a result of participating in this Program or any related activity; (b) releases Program Entities’ advertising and promotion partners, fulfillment and/or judging agencies, retailers, franchises, agents, and their estate and/or family members from all liability, claims, action, or proceedings relating to this Program and from injuries or damages arising in connection with or relating to participation in this Program; and (c) waives any right to claim ambiguity in this Program or these Official Rules. Sponsor reserves the right to modify these Official Rules and/or to remove suspect Audition and Performances and/or cancel, terminate, or suspend any portion of this Program at any time and for any reason (or no reason at all) in their sole and absolute discretion. Sponsor reserves the right to disqualify and/or exclude, in our sole and absolute discretion, any individual from any of the Audition and Performances for any reason or for no reason at all, including, without limitation, violation of any portion of the Official Rules or tampering with the entry process or the Audition and Performances process. The Sponsor also reserves the right to change the Program rules and procedures at any time. Being chosen to participate in the Audition and Performances and/or compete at any level in the process does NOT ensure that you will be selected to continue to the next stage.
Nature of Relationship/Waiver of Equitable Relief: Each Participant who submits an Audition and Performances understands and acknowledges that the Program Entities have wide access to ideas, stories, designs, and other literary materials and that new ideas are constantly being submitted to it or being developed by their own employees. Each Participant also acknowledges that many ideas may be competitive with or similar or identical to the Audition and Performances and/or each other in theme, idea, format, or other respects. Each Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of Program Entities’ use of any such similar or identical material. Each Participant acknowledges and agrees that the Program Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Audition and Performances. Finally, each Participant acknowledges that, with respect to any claim by Participant relating to or arising out of Program Entities’ actual or alleged exploitation or use of any Audition and Performances or other material submitted in connection with the Program, the damage, if any, thereby caused to the applicable Participant will not be irreparable or otherwise sufficient to entitle such Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition and Performances, or any other production based on or allegedly based on the Audition and Performances, and the Participant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Important – Please Read General Release and Limitations on Liability: By participating in this Program, Participants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Program shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Program but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Participant be permitted to obtain any award for damages, and Participant hereby knowingly and expressly waives all rights to seek punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each Participant acknowledges and agrees that the Program Entities, their agencies, webmasters/suppliers, contractors, and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including, without limitation, human, transmission or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Program Entities, or otherwise, that may limit a Participant's ability to participate in this Program; (ii) incorrect or inaccurate information, whether caused by Internet users or by any equipment or programming associated with or utilized in connection with this Program, and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to tampering, or hacking; (iii) any injury or damage resulting from participation in the Program (including, without limitation, claims, costs, injuries, losses, and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Participant's rights of publicity or privacy); or (iv) the Participant's claim that he or she has somehow been defamed or portrayed in a false light. The Program Entities assume no responsibility for any damage to any Participant's computer system, which is occasioned by accessing the website, or participating in this Program, or for any computer system, phone line, hardware, software or Program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right, in its sole discretion, to disqualify any Participant who violates the Audition and Performances criteria, who is found to be tampering with the Audition and Performances process or operation of the Program, or who is acting in an unsportsmanlike or disruptive manner or with intent to threaten, abuse, or harass any other person. If, for any reason, this Program is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, integrity, or proper conduct of this Program, Sponsor reserves the right, at their sole discretion, to close the Audition and Performances acceptance period at any time, cancel, terminate, modify, or suspend this Program as otherwise deemed fair and equitable by Sponsor.
General Terms and Conditions: The Georgia Lottery Corporation (“Sponsor”), Pollard Banknote Limited Partnership, BBDO Atlanta, What’s Up, LLC, EMI Group Limited, Capitol Records, WSB-TV, and their respective parent companies, affiliates, subsidiaries, directors, officers, agents, contractors, advertising/promotional agencies, and employees assume no liability or responsibility for damages, losses, or injury resulting from this promotion or the acceptance or use of a prize. Taxes and any other incidental expenses not specifically mentioned herein are the sole responsibility of the Prize Winners. All federal, state, and local law and regulations shall apply.
By participating in the Promotion, all Entrants and Prize Winners agree to the Georgia Lottery “All Access Music Search Program” Official Rules and the decisions of the Georgia Lottery, whose decisions shall be final in all respects and legally binding in all matters related to this Program. All Participants and Prize Winners agree to release, discharge, hold harmless, and indemnify Sponsor and Program Entities against any and all liability whatsoever for any injuries, losses, harm, damage (including, but not limited to, property damage, personal injury, and/or death), claims, actions, costs, and expenses (including, without limitation, all attorney's fees and court costs) arising directly or indirectly from or in connection with his/her participation in the Program, acceptance, possession, or use/misuse of the prize or participation in any prize-related activity, including, but not limited to, any travel-related activity thereto or any goods/services provided in connection with any prize. Participant further acknowledges that Sponsor and Program Entities are in no manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including, but not limited to, its quality, mechanical condition, or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers' terms therefore, and Prize Winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Acceptance of prize shall further constitute and signify the Prize Winner's agreement and consent that Sponsor may use the Prize Winner's name, likeness, and/or prize and biographical information worldwide for promotion purposes without limitation and without further compensation, except where prohibited. Prize Winners are solely responsible for any local, state, or federal income taxes on prizes. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of the Promotion, including, without limitation, barring and disqualifying individuals who do not comply with these Official Rules. By entering, Participants agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor and Program Entities in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules. By entering, Participants consent to the jurisdiction and venue of the Superior Court of Fulton County located in Atlanta, Georgia. Records related to the Program (including, but not limited to, registrations, program results, and winners’ lists) will be retained for a period of 180 days after the final event date.
Official Rules: For a complete copy of the “All Access Music Search Program” Official Rules, players may (1) visit the Georgia Lottery’s All Access Music Search Program website at www.galottery.com/musicsearch; or (2) send a request to: “All Access Music Search Program,” Attn: Rules Request, 250 Williams Street, Suite 3000, Atlanta, GA 30303.
Winners’ List: For a copy of the names of Prize Winners for the “All Access Music Search Program,” players may (1) visit the Georgia Lottery’s All Access Music Search Program website at www.galottery.com/musicsearch; or (2) send a request to: “All Access Music Search Program,” Attn: Winner List Request, 250 Williams Street, Suite 3000, Atlanta, GA 30303.
Decisions of the President/CEO: In the event of any situation not provided for in these “All Access Music Search Program” Official Rules or any conflict between any provisions of these rules, the decision of the President/CEO of Georgia Lottery Corporation, or her designee, shall be final and binding.
Sponsor: Georgia Lottery Corporation, 250 Williams Street, Suite 3000, Atlanta, GA 30303.