Contest begins on 04/06/16 at 7:00 am Eastern Time (ET) and ends at 11:59 pm ET on 05/26/16. Only one Entry per person or musical group allowed.  
NO PURCHASE NECESSARY TO ENTER OR WIN.  PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.
Open to legal residents of the continental United States who have reached the age of 21.  You may register online at filmon.com/whosnext. Odds of winning depend on the number of entries received. Grand Prize consists of a $50,000 recording contract. Approximate retail value of all prizes is U.S. $66,200 to $79,700, depending on number of Entrants. Winners are responsible for all taxes associated with the prize.  Contest not open to Sponsors’ employees.
Subject to full Official Rules: www.Filmon.com/summerjam, www.filmon.com/show/summerjam, filmon.com/whosnext, or www.hot97.com.makingthestage.
Sponsors: Emmis Communications and FilmOn.

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OFFICIAL MAKING THE STAGE RULES

BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH CONSTITUTE A LEGALLY BINDING CONTRACT

1. SWEEPSTAKES PERIOD:  The Making the Stage Contest (the “Contest”) begins on 4/6/2016 at 7:00 am ET and ends at 11:59pm ET on 5/26/2016 (the “Contest Period”).  Sponsor FilmOn’s computer is the official clock for the Sweepstakes.

2. ELIGIBILITY:  The Contest is only open to legal residents of the continental United States who have reached the age of 21 at the time of entry. Individuals may only enter one (1) time either as an individual or as members of a musical group (collectively “Entrants”). Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.  Entrants who have entered into any of the following agreements (written or oral) are not eligible to participate in the Contest:  (1) a current exclusive music recording contract; (2) a current music publishing contract; (3) a current agreement relating to the exclusive use of your name, voice and/or likeness; and/or (4) any other contractual arrangement that would prohibit you from fully participating in the Contest or signing an exclusive music recording contract with FilmOn.  Entrants who are currently represented by an agent or a manager are not eligible to participate in the Contest.

Employees of Emmis Radio, LLC, Filmon.TV Networks, Inc., Emmis Communications Corporation, Emmis Operating Company, and their affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (“Contest Entities”), and their immediate family members (spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension, regardless of where they reside), and those living in the same household of each such individual, whether or not related, are not eligible to enter or win. Employees of other radio stations in the New York metropolitan area are prohibited from participating in the Contest and do not qualify to be Entrants.

Entrant is solely responsible for reviewing and understanding Entrant’s employer’s policies regarding Entrant’s eligibility to participate in Contests.  Entrant may be disqualified from entering into this Contest or receiving prizes if Entrant is participating in this Contest in violation of his or her employer’s policies.  

Sponsors will also automatically disqualify and delete as promptly as reasonably possible any Entry knowingly received from persons under the age of thirteen (13) in compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  If such entries are received, Sponsors may turn such entries over to the appropriate law enforcement agency.

3. HOW TO ENTER:  Emmis Radio, LLC d/b/a WQHT HOT 97 (“HOT 97” or “Emmis”) and Filmon.TV Networks, Inc. (“FilmOn”), have teamed up to give Emmis listeners a chance to win a recording contract with FilmOn and a chance to perform at HOT 97’s Summer Jam 2016 Festival Stage in the Making The Stage Contest in New York City, New York.

METHOD OF ENTRY: There is one method of entry for this Contest.  NO PURCHASE NECESSARY TO ENTER OR WIN.  VOID WHERE PROHIBITED.

Entrants will have the chance to compete for a recording contract from FilmOn and a chance to perform on the Festival Village Stage at Summer Jam 2016, which will be held on Sunday, June 5th, 2016. Entrants will be able to submit a video, no more than ninety (90) seconds long, performing an original song of their choice.  Videos must be submitted online at www.Filmon.com/summerjam or filmon.com/whosnext.

During the Entry Period, Entrants will enter by registering at www.Filmon.com/summerjam or www.filmon.com/show/summerjam and following the entry instructions.  All Entrants must accurately complete all required fields or Entry will be deemed invalid.  In order to participate, Entrants will need Internet access and a valid email address.  

Each Entrant must enter a profile.  Profiles must include first name and last name, complete address (street, city, state, zip code), telephone number, home email address, and date of birth for each Entrant (including each member of a group Entrant), and, as applicable per individual Entrant or group Entrant, Facebook page, Twitter handle, YouTube channel, artist/group description, and at least one still image.

Entrant can upload only one Entry featuring a video of a high quality original file/song of Entrant’s choice no more than ninety-seconds in length (the “Entry”). By completing the registration and submitting an Entry, Entrant agrees that the Entry conforms to the Entry Guidelines and Contest Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsors, in their sole discretion, may remove the Entry and disqualify Entrant from the Contest if it determines in its sole discretion, that the Entry fails to conform to the Guidelines and Restrictions. 

ENTRY GUIDELINES:  

  • The Entry must be in MP4, AVI, MOV, or WMW format;
  • The Entry must not exceed 100MB in size;
  • The Entry must contain the Entrant’s name or Group name, and original song title.

CONTENT RESTRICTIONS: 

  • The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, any right that constitutes copyright infringement, or any other legal or moral rights of any third party;
  • The Entry must be original material and not contain any third-party materials, including any unauthorized samples or performances of another artist’s material. The composition and performance may not have been published by any third party and must not infringe on third-party rights; violation of these conditions could result in disqualification and subject the Entrant to fines, royalty fees and/or legal action, for which Entrant agrees to indemnify, defend and hold Sponsors harmless;
  • The Entry must not contain brand names or trademarks, except for trademarks owned by Sponsors for which Entrant has a limited license to use for the sole purposes of creating and uploading an Entry into this Contest, or by which the Entrant has received the express permission of the licensor;
  • The Entry must not contain images or artwork not created by Entrant;
  • All Entries must have all appropriate clearances, permissions, and releases in writing prior to uploading or Entrant may be eliminated from the Contest, including but not limited to, all rights to the musical composition and the sound recording;  
  • The Entry cannot have been submitted previously in a promotion or contest of any kind, or exhibited or displayed publicly through any means;
  • The Entry must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous;
  • The Entry must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
  • The Entry must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state or country where the audio is created.

LIMITS: There is a limit of one (1) Entry per person or group for the entire Contest Period.  All entries become the property of Sponsors and will not be acknowledged or returned. Any attempt by any Entrant to obtain more than the stated number of Entry by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entry and that will disqualify the Entrant.

4. GRANTING OF INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP: By submitting an Entry, Entrant consents to the following:

  1. To irrevocably grant, transfer, convey, and assign to Sponsors the entirety of the rights in and to the Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity; and
  2. To grant Sponsors and their affiliates, legal representatives, assigns, agents and licensees, a royalty-free, irrevocable, unconditional and perpetual right and permission to use, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works from, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used),the Entry in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media, or technology now known or later developed, including for promotional or marketing purposes; and
  3. Entrant further grants all end users of Sponsors’ Web Sites (a) the ability to rate, vote, review, comment on and tag the Entry; (b) the ability to send and distribute the Entry via e-mail, instant messenger, and via social media or other electronic means; and
  4. Entrant grants Sponsors the irrevocable right to use the Entry as set forth in the Rules without any compensation to Entrant; and  
  5. Sponsors may perform, exhibit and/or stream any Entry on-demand on Sponsors’ or their affiliates’ websites.  Sponsors are not responsible for paying any internet or other music royalties on any Entry; and  
  6. To the exploitation of the Entry’s content, in perpetuity, for commercial and non-commercial purposes, including but not limited to:
  • marketing and advertising;
  • distribution to the press world-wide;
  • demonstration for potential advertisers; and
  • display at music festivals (in which event, Sponsors agrees to credit song to entrant).

ENTRANT DATA AND PRIVACY: Submission of Entry and any prize notification documents (“Entrant Data”) constitutes your consent for Sponsor to obtain, use, and transfer your name, address and other details for Contest administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at http://www.filmon.com/page/privacy-policy-en. It is the general policy of Sponsor not to share personally identifiable information with third parties.  

By accepting a prize, Winner(s) authorizes and irrevocably grants to the Sponsors permission to the use of his/her name(s), images, visual depictions of 2D and 3D images, visual depictions of 2D and 3D performance(s), likeness, video, and photograph for promotional  and on-air purposes by Sponsor, and its designees, including but not limited to the posting of Winner’s name on the Sponsor website, in a Winners List, in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Sponsors deem proper, except where prohibited by law, without additional compensation,  (“Promotions”).  Such reference and discussion may involve Winner(s) name and voice, and other personal/biographical material or their participation on-air.

By participating in the Contest, Entrant irrevocably grants to Sponsors the perpetual right, without any liability to any person or entity, to reproduce, adapt, edit, publically perform or display, prepare derivative works, transmit, distribute, communicate, make available and otherwise use the Entry (including any other music performed or submitted for the Contest), or any portion thereof,  throughout the universe in any medium and in any manner, now or hereafter known, including, without limitation, if applicable, radio and television broadcasts, and cable and satellite transmissions, without payment of any compensation to Entrant or any third party.  Entrant further agrees that, in the event Entrant is selected as the Grand Prize Winner of the Contest, the musical performance of Entrant’s Entry (including any other music performed or submitted for the Contest) will become the sole and exclusive property of Sponsors.

All copyright, trademark or other intellectual property rights in such Promotions shall be owned by Sponsors or its licensors and Winner(s) hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsors or its licensors, and Winner(s) hereby waives any claim of control over the Promotions.

ENTRIES NOT RETURNED OR ACKNOWLEDGED:  Entries will not be acknowledged, will not be returned, and may be used by any Contest Entity for any purpose whatsoever related to the Contest, without additional compensation to the Entrant or any other individual or entity.  Entrants understand and agree that there will be no payment for “services provided” in connection with any materials or performances in connection with the Contest.

5. WINNER DETERMINATION: Winners will be determined via the process set forth below.

Round 1: Selecting six (6) semi-finalists.  All Entry’s will be judged by Monday, April 18, 2016, by an independent judging panel consisting of 4-6 judges from HOT 97 management based upon the following (“Judging Criteria”):

  • overall performance (25%)
  • star quality (25%)
  • beat choice (25%)
  • lyrics (25%)

The six (6) Entrants (individuals and/or groups) receiving the highest scores will be declared the semi-finalists. The six (6) semi-finalists will be contacted by Sponsors via telephone or email on or about Monday, April 18, 2016. Failure by Winner to timely respond to Sponsors shall be deemed a waiver of Entrant’s rights to participate.

Each individual in the semi-final stage of the Contest must provide valid government-issued photo identification and provide his/her complete address, date of birth, phone number and social security number (where permitted) to claim a prize.  In order to receive any prize, an Entrant will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release that must be returned as instructed by Sponsors, as described below.

Round 2: Selecting three (3) finalists.  Round 2 begins with a total of six (6) semi-finalists.  These semi-finalists will be paired at random to perform at HOT 97’s “Who’s Next” events at Sounds of Brazil in New York City, New York on one of the following dates: April 19th, April 27th, or May 3rd, 2016.  Each of the two (2) semi-finalists pairings will perform two (2) original songs of their choosing at the “Who’s Next” event.  The performances will be livestreamed and filmed.  One (1) finalist will be determined from each “Who’s Next” event pairing, resulting in three (3) total finalists.  The three (3) finalists will be determined by head-to-head voting which will open online at www.Filmon.com/summerjam, www.filmon.com/whosnext or www.filmon.com/show/summerjam following the conclusion of the semi-finalist pairing during the “Who’s Next” performances.  Voters can also go to www.hot97.com.makingthestage where they can access a link that will take them directly to FilmOn’s site to vote.  Voting will be open to the public and remain open for 72 hours following the conclusion of each semi-finalist pairing “Who’s Next” performances. One vote per person for each of the three (3) preliminary rounds.  Entrants may vote for themselves. The three (3) Entrants receiving the greatest number of public votes will be declared finalists and advance to Round 3.  Finalists will be notified within approximately 48 hours of the closing of voting.  In the case of a tie, one or more finalists will be selected by the panel of judges based upon the criteria specified above. Failure by Winner to timely respond to Sponsors shall be deemed a waiver of Entrant’s rights to participate.

Round 3: Selecting the Grand Prize Winner.  On or about Monday, May 23rd (which date is subject to change in Sponsors’ discretion) the three (3) finalists will each perform a 15 minute set at a New York City venue to be determined in Emmis’ sole discretion.  All songs performed must be original.  One (1) Grand Prize Winner will be determined. Finalists will be judged by a celebrity or independent voting panel from Los Angeles, California, and New York City, New York. Further details of the panel may be revealed closer to the finals. The voting panel will vote subject to the above mentioned Judging Criteria. The finalist receiving the highest score from the judging panel will be declared the Grand Prize Winner. The Grand Prize Winner will be notified on or before Monday, May 30th, 2016.  

In the event two or more Entrants have a tied score, the tie will be determined by the above mentioned Judging Criteria. The Entry receiving the highest score in the “overall performance” category will be deemed the Winner of the tie. In the event of a tie in the “overall performance” category, the Entry receiving the highest score in the “star quality” category will be deemed the Winner. In the event of a tie in the “overall performance” and “star quality” categories, the Entry receiving the highest score in the “beat choice” category will be deemed the Winner. In the event of a tie in the “overall performance,” “star quality,” and “beat choice” categories, the Entry receiving the highest score in the “lyrics” category will be deemed the Winner. In the event that there is a tie in all categories, Sponsors may, at their discretion, choose the best overall Entry. The same tie procedures will be in place for any and all voting rounds.

6. PRIZE DRAWING, PRIZE DETAILS, AND ODDS OF WINNING: 

PRIZE DRAWING:  Odds of winning depend on number of eligible entries received. Non-winning entries will not carry forward to or be included in any subsequent Contest of Sponsors.

PRIZE DETAILS:  There are Prizes that will be awarded to semi-finalists and finalists, as set forth below:

Semi-Finalists

Semi-Finalists will receive transportation to New York City, New York if semi-finalists reside outside of New York, New Jersey, and Connecticut (the “Tri-State Area”), and hotel accommodations for one night. The approximate retail value (“ARV”) of the transportation and hotel accommodations prize is U.S. $800.00 per individual semi-finalist and up to $2,300.00 for group semi-finalists.  The three (3) semi-finalists, whether individual or group semi-finalists, that do not advance to the finalist round will receive USD $1,000.00.  The approximate retail value (“ARV”) of non-winning semi-finalists is U.S. $1,800.00 for individual semi-finalists and up to $3,300.00 for group semi-finalists.

Transportation (as defined herein) for an individual semi-finalist from the semi-finalist’s residence to New York City, New York.  “Transportation” may consist of a car or shuttle and/or airfare, depending upon where the semi-finalist resides.  The method and mode of travel will be selected by Sponsors in their sole discretion.  Any airfare awarded will be coach/economy class and may be subject to additional restrictions.  Group semi-finalists will receive Transportation for up to four (4) people.  The members of a group semi-finalist must be picked-up from one location and/or fly from the same airport at the same time. Group semi-finalists with more the four (4) members must pay for and arrange travel for each additional group member. The approximate retail value of the Transportation will depend upon the method and mode of travel selected.

One (1) night’s hotel accommodations on April 19th, April 27th, or May 3rd, 2016, at a hotel of Sponsors’ choosing in New York City, New York.  Hotel accommodations will be based upon double occupancy.  Individual semi-finalists will receive one (1) hotel room; group semi-finalists will receive up to two (2) hotel rooms.  The approximate retail value of each hotel room is Three Hundred Dollars ($300.00).  Semi-finalist groups larger than four (4) members are responsible for lodging beyond four (4) members.

All elements of the prize are subject to availability and other restrictions and must be redeemed and/or completed between the departure date and the return date of the roundtrip air travel. Airport transfers, taxes, and fees; any baggage or upgrade fees; and other airline charges are not included and are the responsibility of the Semi-Finalists. Blackout periods and other restrictions may apply. Semi-Finalists are responsible for obtaining proper documentation prior to travel, including, if necessary, passports and visas. Sponsors will not reimburse Semi-Finalists for any costs or fees associated with changing air travel plans or failure of Semi-Finalists to follow travel arrangements (e.g., missing a flight). Sponsors shall not be liable for any failure to operate, delay in operating, or accidents involving any travel, including but not limited to acts of God, governmental actions, fire, weather, war, civil commotion, riots, epidemics, quarantine, restrictions, terrorist events, air traffic control, strikes or labor disputes, inability to obtain fuel for the flight in question, or otherwise.

Sponsors are not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued.

Finalists

Finalists will receive transportation to New York City, New York if finalists reside outside of the Tri-State Area, and hotel accommodations for one night. The approximate retail value (“ARV”) of the transportation and hotel accommodations prize is U.S. $800.00 per individual semi-finalist and up to $2,300.00 for group semi-finalists.  The two (2) finalists, whether individual or group finalists, that are not the Grand Prize Winner will receive U.S. $1,000.00.  The total approximate retail value (“ARV”) of non-winning finalists is U.S. $3,600.00 for individual semi-finalists and up to $6,600.00 for group semi-finalists.

Transportation (as defined above) for an individual finalist from the finalist’s residence to the Round 3 venue in New York City, New York.  Group finalists will receive Transportation for up to four (4).  The members of a group finalist must be picked-up from one location and/or fly from the same airport at the same time. Group finalists with more the four (4) members must pay for and arrange travel for each additional group member. The approximate retail value of the Transportation will depend upon the method and mode of travel selected.

One (1) night’s hotel accommodations on or about May 23, 2016 (which date is subject to change at Sponsor’s discretion) at a hotel of Sponsors’ choosing in New York City, New York.  Hotel accommodations will be based upon double occupancy.  Individual finalists will receive one (1) hotel room; group finalists will receive up to two (2) hotel rooms.  Finalist groups with more than four (4) members are responsible for lodging beyond four (4) members.  The approximate retail value of each hotel room is U.S. $300.00.

Finalist Grand Prize

There will be one (1) Grand Prize awarded in this Contest and the Grand Prize is more fully described on the attached Schedule A.  The Grand Prize includes the option to enter into a recording contract with FilmOn.  The Grand Prize Winner must be available and willing to perform one (1) original song on the Festival Village Stage at Summer Jam 2016 on Sunday, June 5, 2016. The approximate retail value of the Grand Prize is fifty thousand dollars U.S. $50,000.00, not including hotel accommodations and Transportation (as defined above) with an approximate retail value (“ARV”) of non-winning finalists is U.S. $5,400.00 for individual semi-finalists and up to $9,900.00 for group semi-finalists.

Transportation (as defined above) for the Grand Prize Winner from Grand Prize Winner’s residence to New York City, New York to perform at Summer Jam 2016.  Group Grand Prize Winner will receive Transportation for up to four (4) people.  The members of a group Grand Prize Winner must be picked-up from one location and/or fly from the same airport at the same time. A group Grand Prize Winner with more the four (4) members must pay for and arrange travel for each additional group member. The approximate retail value of the Transportation will depend upon the method and mode of travel selected.

One (1) night’s hotel accommodations on or about June 5, 2016, at a hotel of Sponsors’ choosing in New York City, New York.  Hotel accommodations will be based upon double occupancy.  Individual Grand Prize Winner will receive one (1) hotel room; the group Grand Prize Winner will receive up to two (2) hotel rooms.  The Grand Prize Winner with more than four (4) members are responsible for lodging beyond four (4) members.  The approximate retail value of each hotel room is U.S. $300.00.

No transfer, assignment or substitution of any prize is permitted, except Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable (to the extent allowed by law).  Any difference between the actual value and the approximate retail value of any prize will not be awarded.  No substitution or cash equivalent will be made.    The approximate retail values are subject to change based on current market conditions at time of prize fulfillment, and the time of travel and the distance between departure and destination.  

All elements of the Grand Prize are subject to availability and other restrictions and must be redeemed and/or completed between the departure date and the return date of the roundtrip air travel. Airport transfers, taxes, and fees; any baggage or upgrade fees; and other airline charges are not included and are the responsibility of the Finalists. Blackout periods and other restrictions may apply. Finalists are responsible for obtaining proper documentation prior to travel, including, if necessary, passports and visas. Sponsors will not reimburse Semi-Finalists for any costs or fees associated with changing air travel plans or failure of Finalists to follow travel arrangements (e.g., missing a flight). Sponsors shall not be liable for any failure to operate, delay in operating, or accidents involving any travel, including but not limited to acts of God, governmental actions, fire, weather, war, civil commotion, riots, epidemics, quarantine, restrictions, terrorist events, air traffic control, strikes or labor disputes, inability to obtain fuel for the flight in question, or otherwise.

Sponsors are not responsible for any cancellation or rescheduling of the performance for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the performance not be rescheduled or vouchers not issued.

PRIZE AWARDING:  All Prizes will be awarded, at Sponsor’s sole discretion. Sponsors will not replace any lost or stolen prize.  No transfers, cash awards, or prize substitutions are permitted, except by Sponsors. Sponsors reserve the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Potential winner will be notified by telephone or email. Prize winner will be required to sign an affidavit of eligibility, liability release and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) calendar days of issuance of notification. If (1) a potential winner cannot be contacted after a reasonable number of attempts, (2) is ineligible according to these Official Rules, (3) fails to provide the required information and/or return the required documents within the specified time period. (4) if a prize or prize notification is returned as undeliverable, (5) a potential winner decides to decline his/her prize for any reason whatsoever, or (6) if a potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsors’ sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork are received within the specified time period, verified, and receive final approval by Sweepstakes Entities, then and only then will a potential Sweepstakes winner become an actual Winner. Prize will be awarded in the name of the Winner. Decisions of the Sponsors are final in all respects of the Contest.  FilmOn, and not Emmis, is solely responsible for awarding the Grand Prize.

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). CONTEST ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO A PRIZE, INCLUDING EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE MANUFACTURER THAT MAY BE SENT ALONG WITH A PRIZE.  THE WINNER WILL NOT BE OBLIGATED TO PURCHASE ANY OTHER SPONSORS PRODUCTS OR SERVICES. ENTRANTS INDEMNIFY, RELEASE AND HOLD HARMLESS CONTEST ENTITIES FROM LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DEATH AND BODILY INJURY, RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE AWARDING, DELIVERY, ACCEPTANCE, USE, MISUSE, POSSESSION OF THE PRIZE RESULTING FROM PARTICIPATING IN THIS CONTEST. ENTRANT ACKNOWLEDGES AND AGREES THAT SPONSORS HAS NOT ARRANGED FOR NOR CARRIES ANY INSURANCE OF ANY KIND FOR THE BENEFIT OF ENTRANT OR THAT OF ENTRANT’S HEIRS, EXECUTORS AND ADMINISTRATORS RELATIVE TO ENTRANT’S USE OF THE PRIZE AWARDED TO ENTRANT; AND THAT ENTRANT IS SOLELY RESPONSIBLE FOR OBTAINING AND PAYING FOR ANY INSURANCE RELATIVE TO THE PRIZE AWARDED TO ENTRANT.

7. CONDITIONS OF ENTRY: Contest Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in the Contest, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsors’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Contest, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsors reserve the right to void any entries at issue and/or to suspend, modify or cancel, or terminate this Contest, in whole or in part, at any time without notice and award the prize from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder of the email address provided in the entry form. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address.  In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsors’ reasonable control, Sponsors have the right, in its sole discretion, to terminate the Contest. Notice of such action will be posted online at www.Filmon.com/summerjam, www.filmon.com/show/summerjam, filmon.com/whosnext, or www.hot97.com.makingthestage.

CAUTION: Any attempt by a Entrant or any other individual to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. 

8. RELEASE & INDEMNIFICATION: By receipt of any prize, all Entrants agree to RELEASE, INDEMNIFY, SUSPEND, HOLD HARMLESS, AND COVENANT NOT TO SUE Emmis, Emmis Communications Corporation, Emmis Operating Company, FilmOn, the other Contest Entities (as defined above), and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence in any form of the Released Parties.


Furthermore, if Entrant is a California resident, expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542.  Section 1542 of the Civil Code of the State of California states:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Entrant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Entrant does not know or suspect to exist in Entrant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims.  Entrant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.

9. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest, travel or transportation related to the Contest, or receipt or use or misuse of any prize.  Sponsors are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof.  Sponsors are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest.  If for any reason an Entrant's Entry is confirmed by Sponsors to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is to resubmit the Entry, if it is possible.  

10. DISPUTES:  This Contest is conducted in English.  Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsors in connection with this promotion, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in New York.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. 

11. WARRANTIES AND REPRESENTATIONS:  By entering and participating in the Contest, and in consideration thereof, each Entrant individually warrants and represents to Sponsors that: (i) they meet the residency and age requirements at the time of entry; (ii) they will be bound by these Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; (iii) they waive any rights to claim ambiguity with respect to these Rules; (iv) they have the full legal right, power and authority to grant to the Sponsors the license provided for in these Rules; (v) they own or control the complete rights to the Entry for the purposes contemplated in the license; (vi) they are the sole creator and owner of their Entry, including any music video and music incorporated therein; (vii) the Materials (as hereinafter defined)  or any use thereof, shall not violate any law and shall not infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, trademarks, rights of publicity and rights of privacy).  “Materials,” as used in this subsection, means the Entry and all other audio, video, lyrical or musical content submitted at the time of Entry.  

12.  DISPUTE RESOLUTION:  The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsors shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Chicago, IL, Washington, DC, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant's residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York.  Sponsors agree to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

13. WHO WON:  For the names of the prize winners, available after 05/26/16, send a self-addressed, stamped, envelope, by 06/26/16, MAKING THE STAGE WINNER, WQHT HOT 97, 395 Hudson St., 7th Floor, New York, NY 10014.

14. SPONSORS: Emmis Radio, LLC d/b/a WQHT HOT 97, 395 Hudson Street, 7th Floor, New York, NY 10014 and FilmOn, 338 N. Canon Drive, Penthouse Beverly Hills, California 90210.

15. MISCELLANEOUS; SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsors’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as "may" are used in these Official Rules, Sponsors have sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsors’ sole and absolute discretion. Sponsors reserve the right in their sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time. Sponsors reserve the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all Entrants.

SCHEDULE A

MAKING THE STAGE RECORD DEAL SUMMARY

Background: FilmOn Music will offer the following record contract and generalized music/promotional support (terms outlines below) to the Grand Prize Winner of the Contest.  The Record Deal will include the elements listed herein.  The Grand Prize Winner will be provided with the complete terms of the record deal upon winning the Contest.

Production: FilmOn Music recording contract will include the following:

Recording

  • Up to 3 Albums  
  • Studio Time  (based on 10 song album)
  • Production, Mixing Engineer, Pro-Tools Engineer, Mastering

Music Video

  • Up to 2 Music Videos of 2 Singles Per Album
  • General Artist Management  & Creative Support
  • Global Video Promotion
  • Video Production
  • Distribution Through Distribution Channels

Cash Advance $50,000

Promotional Support

  • Travel, Lodging, Fixed Expenditures (TBD)
  • Artist and Record Branding
  • Global Distribution   (140 + Countries/700 + Online Retailers)
  • Release on MTV Broadcast
  • 30 Minute Narrated Documentary (Full Production from Storyboard to  Final Cut)
  • Online Social Media Management
  • Potential Radio Licensing
  • PR – Press Release(s)  
  • Media Distribution