MEGASTAR - AUDITION RULES
Last modified: August 10, 2017
Overview
These terms and conditions (the "Audition Rules") that shall apply to your participation in an audition stage ("Heat") of the worldwide talent search competition entitled "Megastar" which is being run by MSM Music Inc. ("MSM") of 1440 Broadway, Suite 750, Oakland, CA 94612 ("Worldwide Competition").
A Heat consists of a week-long audition with the first Heat commencing on 1 July 2017. Each Heat can have multiple winners but a maximum of 1,000 Heat winners from England, Scotland, Wales, the Republic of South Africa ("South Africa"), New Zealand, or Canada (the "Heat Winners"), selected in accordance with these Audition Rules, will go through to the Worldwide Competition.
The winners of the Heats and competitions run in other countries (England, Scotland, Wales, South Africa, New Zealand, or Canada) can enter into the first stage of the Worldwide Competition which ultimately has a grand prize of $1M USD (subject to the terms of these Audition Rules and their agreeing to the terms of the Worldwide Competition).
The Heats and Worldwide Competition are in no way sponsored or endorsed by Apple Inc., Google Corp, Facebook Inc. or any other third party that is not part of MSM or its group of companies.
Eligibility
You are only eligible to apply to enter the Heat in England, Scotland, Wales, South Africa, New Zealand of Canada if you:
are an existing user of the "Megastar™ App" who has registered your account and authenticated your Megastar account on Facebook;
have a user account with YouTube and have uploaded to it at least one video which you have made public and which falls into the categories set out in paragraph 9; and
are at least 18 years old and are legally resident in England, Scotland, Wales, South Africa, New Zealand, or the age of majority in the Canadian province or territory in which you are resident (18 years old in Alberta, Manitoba, Ontario, Prince Edward Island, and Saskatchewan and 19 years old in British Columbia, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and Yukon). This Heat is not open to residents of any other country and is not open to residents of Quebec or Northern Ireland. If you are applying on behalf of a group please ensure you have the consent of all members of the group to do so in accordance with these terms and conditions and that all members of the group have reached the age of majority in their respective area.
(a "User").
The decision of MSM, or its nominees, regarding all elements of the application process, the Heat and the Worldwide Competition shall be final and binding.
Users can submit one Submission Video (defined below) during the Heat via the Megastar™ App which is available to download from the Apple App Store or the Google Play Store.
How to make a submission
Users can enter a Heat by selecting one video from their YouTube account which adheres to MSM's Community Guidelines which includes compliance with the YouTube terms and conditions and uploading the video to the Megastar™ App as follows:
Tap on the Competition Screen;
Tap ‘Submit’;
If, you have not already done so, please provide your legal name, telephone number, email address, age, and country and province of residence;
Choose an appropriate category (see paragraph 9 below) for your performance;
Connect to YouTube and give MSM permissions to access your video list. A list of your YouTube videos that are public will then be displayed; and
Tap on a video to confirm that is the video you want to submit
(a "Submission Video").
A Submission Video must fall within one of the following seven (7) categories:
Music (meaning solo singers and groups that include but are not limited to, vocal singers, beatboxers, yodellers and rappers);
Dance (meaning solo or groups that includes but are not limited to, pop lockers, ballet dancers, break dancers, shufflers and belly dancers);
Sports (meaning non-extreme sporting activities including but not limited to sports tricks, dead weight lifts, and epic slam dunks);
Extreme (meaning solo or group extreme sporting activities including but not limited to surfing, BMX tricks, skateboarding and base jumping);
Comedy (meaning solo or group comedians including but not limited to stand up spots, comedic shorts, and double take impersonations);
Magic (meaning solo or group magicians including but not limited to card tricks, sleight of hand and disappearing assistants); and
Variety (this category covers all talent not addressed in any of the six (6) categories above. Examples of variety performances include dance theatre pieces, lasso tricks, pro-makeup, and live murals).
When submitting a Submission Video, a User shall determine and choose the most appropriate category, from the list in paragraph 9 above, that describes their performance. Whether a Submission Video falls within one of the seven (7) categories will be determined by MSM at its sole discretion, and if MSM considers a video has been submitted to the incorrect category, it may in its sole discretion, move the Submission Video to the more appropriate category.
During the Heat, Users can delete a Submission Video and upload a new Submission Video, but all votes for the original Submission Video will be lost when it is deleted. After Producer's Pick (defined below) begins, Users may still delete a Submission Video, but they cannot upload a new Submission Video for that Heat. Users can email support@msmci.com to delete a video.
MSM, their agents and sub-contractors, do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any applications, system, server, provider or otherwise which may result in any Submission Videos not being properly received, heard or recorded.
Advancement
The Heat commences at 21:00 UTC (Coordinated Universal Time) on Saturday ("Start of the Heat") but you may upload a Submission Video for the Heat from around 21:00 UTC on the Thursday before the Heat Starts. Any Submission Videos submitted prior to the Heat will not be visible on the Megastar™ App until the Heat commences and will not be available for viewing and voting by registered users of the Megastar™ App ("App Users") until the Start of the Heat.
App Users may vote on their favourite Submission Videos (in accordance with paragraphs 24 to 26 below) until 21:00 UTC on the Wednesday after the Start of the Heat when voting shall close for the Producer's Pick.
A Submission Video must have at least one (1) vote in order to progress in any Heat or Section.
The ten (10) of the Submission Videos with the highest number of votes at the time voting closes will pass to the Producer's Pick set out in paragraphs 21 to 23 ("Qualified Video"). Submission Videos that are not Qualified Videos will be eliminated from the Competition (a Submission Video that has been eliminated in one Heat may be uploaded again for participation in a future Heat).
At 21:00 UTC on the Thursday after the Start of the Heat ("Producer's Pick") the Producers will announce on the MegastarTM App which of the Qualified Videos have passed the Producer's Pick ("Heat Finalists"). The Heat Finalists will be open for voting by App Users until 21:00 UTC on the Saturday after the Heat commenced.
The one (1) Heat Finalists with the highest number of votes will be announced on the MegastarTM App as the Heat Winners.
Heat Finalists and Heat Winners will also receive a push notification from the Megastar TM App or an email notifying them of their progression to the next round. Please remember to enable push notifications from the MegastarTM App to stay up to date with your progress.
Heat Winners will be offered the opportunity to enter into the Worldwide Competition upon entering into further written contracts with MSM, on terms and conditions to be solely determined by MSM.
The fact that Heat Winners are offered the opportunity to enter into the Worldwide Competition does not guarantee ultimate participation in the Worldwide Competition and User expressly acknowledges that should the abovementioned written contracts:
remain unexecuted;
be unfulfilled in terms of any terms, conditions or disclaimers contained therein; and/or
be breached in any way by the User;
being a Heat Winner may not result in a User's ultimate participation in the Worldwide Competition. In this regard Users further expressly acknowledge that Heat Winners shall not be entitled to hold MSM liable in any way whatsoever for their ultimate non-participation in the Worldwide Competition.
Producer's Pick
The Qualified Videos will undergo an internal review by MSM personnel to determine (at their sole discretion) that the Submission Video: (i) complies with any applicable laws and regulations, (ii) these terms and conditions, and (iii) all votes have been obtained in accordance with these Audition Rules and the Terms of Use of the Megastar™ App) ("Producer's Pick").
The judges shall use the following weighting and criteria to determine whether a Qualified Video qualifies as a Heat Finalist:
creativity (40%);
originality (30%); and
technical quality (30%).
While undergoing the Producer's Pick, a Qualified Video will continue to show up in search results, and recommended video lists, but will no longer be able to be voted on or receive additional votes until the Producer's Pick has been completed.
Votes
Throughout the Heat, but excluding the twenty-four (24) hours during the Producer's Pick, all App Users will receive five (5) votes per day to allocate to their favourite Submission Videos or Heat Finalists ("Daily Votes"). An App User may only vote for a Submission Video or Heat Finalist once per day.
An App User may only use their Daily Votes each day and any votes remaining at the end of the day will be lost.
Any votes received for a Submission Video which progresses as a Heat Finalist will be reset when the voting for the Heat Finalists commences.
General
This is a skill-based competition. The chances of winning a stage of the competition depends on the skill of each User and the number of entries.
Each Submission Video, in its entirety, must be a work of original material created by a User. By entering a Heat, a User represents and warrants that each video submitted as part of a Submission Video is an original work created solely by the User, that the Submission Video does not include any material owned by anyone else or otherwise infringe any copyright, trade mark, moral right, right of privacy/publicity or other intellectual property right of any person or entity, and that no other party has any right, title, claim, or interest in the Submission Video. In the event that YouTube removes your Submisison Video for a breach of its terms and conditions of use, you will automatically lose any votes and will need to upload a new Submission Video in compliance with paragraph 8.
To the extent a Submission Video contains images of people, persons and/or locations, the User represents and warrants that the User has obtained valid and binding release(s) from all required parties and that User will keep the original release and provide a copy to MSM, if requested. MSM is not responsible for any missing, inadequate and/or faulty release(s), including, but not limited to, model, location, and artist releases. If a release is not provided on request then MSM shall have the right to disqualify the User and remove the Submission Video.
You hereby irrevocably grant to MSM all consents, licences and any other permission necessary for MSM to use an Submission Video or any part of it, and any part of your profile on the Megastar™ App and to exploit the same in all media throughout the world in perpetuity without the need for payment to you.
Submission Videos will be judged as the Heat or Heats are active. If the maximum number of performers for the Worldwide Competition has been met, Users that may not be eligible for the current Heat may be offered an opportunity to participate in a future competition.
We take your privacy very seriously. Please refer to our Privacy Policy for more information on how we collect and use data.
These terms and conditions are governed by English, South African, New Zealand, and Canadian laws and entrants to the competition submit to the non-exclusive jurisdiction of Californian courts.
User Contributions
As a reminder, you have acknowledged and agreed that you own or control all rights in and to any User Contributions posted by you, which explicitly includes any rights necessary to use any sound recordings and their underlying musical compositions (a "Song") in your User Contributions. As such, you acknowledge, understand and agree that it is illegal to utilize any Song in your User Contribution which is not your own original creation or for which you do not have the authority to use – this would include, as example, uploading a video of you dancing along to a Song that you have not written yourself or obtained the permission to use. Usage of another individual’s Song, even in the limited context of submitting a User Contribution to our Website or Mobile Application, is illegal unless you have obtained the permission and authorization required to use the Song from all of the parties that hold ownership rights over the Song.
In order to avoid having your User Contributions removed, having your account blocked, being disqualified from any contest or further unwarranted legal action, a list of Songs that you may make your own rendition of ("Cover") that you can then include in your User Contributions are listed in the document titled "Licensed Songs that can be covered" a copy of which is incorporated by this reference and made a part hereof and can be found at support@msmci.com prior to using the Song. Moreover, you acknowledge and agree that any User Contributions submitted hereunder which includes any of the "Licensed Songs" shall be deemed a Work-Made-for-Hire for the original publisher of such song and you hereby irrevocably assign all and any rights you may have in the User Contribution to the publisher.