Contest Rules

POPSTAR! RADIO “RISING STARS TOP 40” CONTEST

OFFICIAL RULES

POPSTAR PUBLISHING, INC. (“Sponsor”)

Popstar Radio is available at www.popstaronline.com or via the free Popstar Radio App available from the App Store or from Google Play


1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility. The Popstar! Radio “Rising Stars Top 40” contest (the “Contest”) is open to legal U.S. residents (excluding Puerto Rico, all U.S. territories and possessions and overseas military installations and where prohibited or restricted by law) who are at least 18 years old as of the date of their entry. Employees of Popstar Publishing, Inc. (“Sponsor”), and each of their respective affiliated companies, and advertising and promotional agencies, and the immediate family members of, and any persons domiciled with, any such employees (“Contest Entities”), are not eligible to enter or to win. If an entrant is deemed to be a minor under the laws of the jurisdiction of his or her residence (“Minor”), he or she must have his or her parent’s or legal guardian’s permission to enter before entering the Contest.

Each entrant to the Contest (“Entrant”) must (i) create an original song for submission, (ii) be the sole owner of all rights, title and interest to the song, including the copyright and publishing rights, (iii) must not be obscene or indecent and the use of the song by Sponsor as outlined herein must not infringe upon any other person’s rights, (iv) no other person or company may own any rights, title or interest to the song, including any copyright or publishing rights to the song, nor may the song be co-published or co-owned by any third party, (v) the song must be unpublished or self-published, (vi) upon submission of the song to the Contest, the Entrant must grant to Sponsor and its affiliated companies the non-exclusive, irrevocable, worldwide right and license in perpetuity to reproduce, distribute, create derivative works of, publicly perform and display Entrant’s song on Popstar! Radio or other Sponsor media without any royalty or further compensation to Entrant with respect to the song. Songs that include profanity, inappropriate or explicit language or describe any lewd or sexually suggestive behaviors, drug or alcoholic beverage use, any unsafe behavior or any other representations deemed inappropriate by Sponsor will be disqualified. Entrant must represent and warrant that Entrant owns and controls all rights, title and interest in and to the song and has the authority to grant the rights in the song to Sponsor. Entrant will digitally sign a license granting these rights to Sponsor as part of the song submission entry form (collectively, the “Eligible Song”).

3. How to Enter. The Contest will begin on September 29, 2017 at 12:00 pm Pacific Time (“PT”) and will end on December 7, 2017 at 11:59 pm PT (“Contest Period”).

A. Song Submissions.
All prospective Entrants must (i) register and submit their Eligible Song via the following link on the Sponsor’s website http://www.popstaronline.com/contest-rules/ during the submission period which begins on September 29, 2017 at 12:00pm PT and ends on October 12, 2017 at 11:59 PT; (ii) complete the entry form, including providing a valid email address, and any other required fields, and (iii) submit the entry by clicking on the “SUBMIT” button or submitting the official entry form as directed (each, an “Entry”). LIMIT ONE CONTEST ENTRY PER PERSON DURING THE CONTEST PERIOD.

By submitting an Entry, each Entrant: 1) irrevocably grants Sponsor a royalty-free non-exclusive license throughout the world to use, re-use, copy, publish, republish, publicly perform, in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media, including without limitation, to edit, rearrange, and/or copy the Entry for use on Popstar! Radio as described hereunder, Sponsor’s website, and in the promotion of Sponsor’s products and services, without further permission, consideration or payment to the Entrant, except where prohibited; 2) warrants and represents that the Entry is entirely the original creation/work of the Entrant and that use of the Entry as described herein will not violate any law or infringe upon the rights, title, claim or interest of any third party; and 3) certifies that the Entrant is the creator and sole copyright owner of the Entry. Further, all Entrants must have consented to the submission of the Entry into this Contest.

By entering the Contest, each Entrant agrees to the terms and conditions of these Official Rules, and consents to receive e-mails from Sponsor or those directed by Sponsor regarding this Contest, or marketing and promotional information regarding Sponsor. All entries become property of Sponsor and none will be returned. Personal data provided in connection with this Contest will be provided to Sponsor and be subject to its Privacy Policy, http://www.popstaronline.com/privacy-policy/.

B. Sponsor’s Top 40 Selection.
The Sponsor will select 40 songs from the Eligible Songs that were submitted during the submission period in accordance with the Sponsor’s judging criteria set forth below in Sponsor’s sole discretion (each a “Top 40 Song Selection”).

C. Popstar! Radio play of each Top 40 Song Selection songs.
1. From 10:00 am to 7:00 pm, Monday through Thursday October 16, 2017 to October 19, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until October 19, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time. Voting begins on Monday October 16, 2017 at 10:00 am.
2. From 10:00 am to 7:00 pm, Monday through Thursday October 23, 2017 to October 26, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until October 26, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
3. From 10:00 am to 7:00 pm, Monday through Thursday October 30, 2017 to November 2, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until November 2, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
4. From 10:00 am to 7:00 pm, Monday through Thursday November 6, 2017 to November 9, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until November 9, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
5. From 10:00 am to 7:00 pm, Monday through Thursday November 13, 2017 to November 16, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until November 16, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
6. From 10:00 am to 7:00 pm, Monday through Thursday November 20, 2017 to November 23, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until November 23, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
7. From 10:00 am to 7:00 pm, Monday through Thursday November 27, 2017 to November 30, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until November 30, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.
8. From 10:00 am to 7:00 pm, Monday through Thursday December 4, 2017 to December 7, 2017, one Top 40 Song Selection will be played on Popstar! Radio just after the top of each hour (within 15 minutes after the top of each hour) each day, Monday through Thursday, ending at 7:00 pm PT each evening until December 7, 2017 at 7:00pm PT. Each Top 40 Song Selection will be played in no particular order as selected by Sponsor in its sole discretion. Again, Each Top 40 Song Selection Entrant will be notified in advance by Sponsor via email of the date and 15-minute window “top of the hour” time that their Eligible Song will play on Popstar! Radio. Top 40 Song Selection Entrants may notify friends and family of when their Eligible Song will play on Popstar! Radio and for community voting purposes. Each Top 40 Song Selection song will be played once on Popstar! Radio during this time.

D. Popstar! Radio play of Top 40 Countdown of Top 40 Song Selection songs.
1. Popstar! Radio with play each Top 40 Song Selection, song #40 to song #1 beginning Sunday, October 22, 2017 at 12:00pm PT (the “Top 40 Countdown”) based on actual votes received (tallied and verified by Sponsor) The Top 40 Countdown is arranged in the order of least votes to the most votes received for each Top 40 Song Selection song. At the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
2. On Sunday, October 29, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
3. On Sunday, November 5, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, at the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
4. On Sunday, November 12, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
5. On Sunday, November 19, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
6. On Sunday, November 26, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
7. On Sunday, December 3, 2017 at 12:00 PT, Popstar! Radio will play the Top 40 Countdown based on the votes received (tallied and verified by Sponsor) during the prior week. Again, the conclusion of the Top 40 Countdown on Popstar! Radio, an encore of the Top 40 Countdown will play on Popstar! Radio on the same day.
8. On Sunday, December 10, 2017 at 12:00 PT, Popstar! Radio will play the final Top 40 Countdown based on the cumulative votes received (tallied and verified by Sponsor) during the entire voting period beginning on Monday October 16, 2017. At the end of the Top 40 Countdown with the play of the #1 song the winner of the contest will be announced.

4. Prizes & Odds. Ten prizes (each a “Prize” and collectively, the “Prizes”) will be awarded in the Contest. The first prize (“Prize #1”) consists of Entrant winning a television performance contract to have their winning Top 40 Eligible Song (edited for television), as well as themselves, featured (in a manner decided by Sponsor) on “Popstar!’s Best of 2017,” which will be nationally broadcast on The CW network on December 18, 2017. Prize #1 will also include a commemorative plaque (shipped USPS ground to address listed by Entrant), and a feature story in Popstar! print and digital magazines (Spring or Summer 2018). The approximate retail value (“ARV”) of Prize #1 is $3,000. Prize #1 is subject to terms and conditions; availability and other material restrictions may apply. No refund or compensation will be made by Sponsor in the event of the cancellation or delay of any portion of Prize #1.

Nine additional winners, “Prize # 2 through Prize #10,” will receive acknowledgements in Popstar! print and digital magazines (Spring or Summer 2018), as well as a “Top Ten” commemorative certificate (mailed USPS to address listed by Entrant). The approximate retail value (“ARV”) of Prizes #2 through Prize #10 is no cash value. Prize winners may be referred to herein as a “Prize Winner” or collectively as the “Prize Winners.” Prize Winners are solely responsible for reporting and payment of any taxes on prizes. Each Prize is non-transferable, non-assignable, non-substitutable and may not be redeemed for cash. Sponsor reserves the right to substitute each Prize with one of comparable or greater value at any time in its sole discretion. Each Prize may not be sold, bartered or exchanged by Prize Winner. All federal, state and local taxes and any other costs and expenses associated with each Prize acceptance and use not specified herein as being provided, are the sole responsibility of each Prize Winner. All Prize details are at Sponsor’s sole discretion. The Prizes are awarded “as is” with no warranty or guarantee, either express or implied, by Sponsor. Each Prize is subject to the prize providers’ and event producer’s terms, limitations and restrictions.

The odds of winning may depend on the number of eligible participants who enter the Contest, and the number of community voters that vote for any Top 40 Song Selection. Opting in to receive communications, if offered, does not improve one’s chances of winning any prize.

5. Judging Criteria, Prize Winner Selection and Voting.

a. Sponsor’s Top 40 Selection.
A qualified panel of judges, including representatives of the Sponsor, will select the Top 40 Song Selections in accordance with the following judging criteria: (i) appeals to the Popstar! playlist demographic which consists of primarily 16-25 years old persons (30%); (ii) embodies singalong melodies with attitude (30%); (iii) creativity/originality (20%); and (iv) musical performance (20%). Decisions of the judges will be final and binding on all matters. In the event of a tie, the finalists involved in the tie will be re-judged by an additional qualified judge who will serve as a tiebreaker and who will evaluate such finalists according to the judging criteria listed above. In the event an insufficient number of eligible Entries are received (as determined by the Sponsor in its sole discretion), less than 40 songs will be selected or this Contest, at the sole discretion of the Sponsor, may be cancelled or the Sponsor may take such other actions as it deems reasonable in the circumstances.

b. Community Voting.
The Top 40 Song Selections will be played on Popstar! Radio as detailed herein (paragraph 3, C and D). End-users can vote for their favorite Top 40 Song Selection song that they feel best embodies Popstar! as broadcast on Popstar! Radio beginning on Monday, October 16, 2017 after 10:00 am PT beginning with Popstar! Radio’s broadcast of each Top 40 Song Selection by clicking on the following link http://www.popstaronline.com/vote/.

In order to cast a vote, you must be at least 13 years or older and you must register to vote on Sponsor’s website located at http://www.popstaronline.com/ballot/. Sponsor shall, at its discretion, use verification methods to verify that actual persons are registering to vote.

After registering on the Sponsor’s website, voters can vote for only one Top 40 Song Selection in each voting session. After voting for the first time by hitting the “Submit” button, voters may not vote again for a period of 24 hours. Voters may vote for the same or another Top 40 Song Selection during each subsequent voting session. Voters may not submit multiple votes for the same Finalist using different email addresses. Votes generated by script, macro or other automated means or any other means intended to impact the integrity of the voting process as determined by Sponsor in Sponsor’ sole discretion are void. Payment or other consideration in exchange for Votes is prohibited.

Voting will end at December 7, 2017 at 11:59 pm PT.

c. Prize Winner Selection.
Each potential “Prize Winner” will be selected based on eligible community votes submitted on Sponsor’s website. The Top 40 Song Selection Entrant with the most cumulative votes received by 11:59pm PT on December 7, 2017 as tallied, verified and determined by the Sponsor will be eligible for Prize #1. The Top 40 Song Selection Entrant with the second through tenth most votes received by 11:59pm PT on December 7, 2017 as tallied, verified and determined by the Sponsor will be eligible for Prize #2 – Prize #10. Sponsor’s decision regarding the results of the voting shall be final and binding. Each potential Prize Winner will be notified by email within two business days of the close of voting and will be required to respond to the notification email by 12:00pm PT, on December 12, 2017, verifying eligibility and providing required information including, without limitation, mailing address for delivery of the Prize. If such notification is undeliverable or no response is received from potential Prize Winner within twenty-four (24) hours of the date of notification or attempted notification, then such potential Prize Winner will be disqualified, and an alternate Prize Winner may be selected in Sponsor’s sole discretion based on the next highest number of votes received. Each potential Prize Winner (or potential Prize Winner’s parent or legal guardian if the potential Prize Winner is considered a Minor in the legal jurisdiction in which he or she resides) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited), Personal Appearance Release, License for the Top 40 Song Selection, including television broadcast rights, music rights (synchronization, publishing, master use), and Publicity Release Form and a completed IRS W-9 form within five (5) days of issuance. Potential Prize Winner’s failure to return all required forms in this five (5) day time period may result in the potential Prize Winner being disqualified and an alternate Prize Winner being selected at Sponsor’s sole discretion. The Prize will be delivered within sixty (60) days of the completion of the Prize Winner determination/verification process via mail or other delivery service selected at the sole discretion of the Sponsor. If the Prize notification or Prize is returned as undeliverable for any reason, Sponsor may decide, in its discretion, to award the Prize to an alternate eligible Entrant.

Acceptance of a Prize constitutes permission (except where prohibited) granted to Sponsor and their affiliated companies to use the Prize Winner’s original song (including but not limited to copyrights, music rights (master use, publishing, synchronization, mechanical rights, etc.) and any associated video (if applicable), and Prize Winner’s name, likeness, picture, voice, biographical information and statements for prize fulfillment, publicity, advertising, trade and promotional purposes in connection with the Contest and prize fulfillment in any and all media and manner and by any and all means now known or hereafter devised in perpetuity worldwide without additional compensation or limitation of any kind, and without the need to get any further consent. Acceptance of a Prize will constitute and signify Prize Winners consent to participate in media interviews (broadcast, print) as directed by Sponsor.

6. Release of Liability/General Conditions. Contest Sponsor and related Entities shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device) or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, mutilated, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these Official Rules, and all such Entries will be disqualified. By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Contest Entities or social media platform in connection with the Contest; and (iv) to release, indemnify, and hold harmless each of the Contest Entities and social media platforms and each of their respective officers, directors, employees, agents, shareholders, representatives, successors and assigns (collectively the “Releasees”), from any liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind even if the Releasees have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (a) the use, by any Entrant, of the Sponsor’s website, and any claims made by any such Entrant that their publicity, privacy and/or other proprietary rights were violated by such Entrant’s use of the Sponsor’s website, (b) the Contest, including but not limited to any Contest-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Contest, (c) typographical errors in these Official Rules or any Contest promotional materials, (d) acceptance, possession, defects in, use, misuse or inability to use a Prize (or any component thereof) (including any activity related thereto), (e) any change in the prizing (or any components thereof) due to unavailability, business or other considerations, or for any other reasons beyond Contest Entities’ control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) mechanical, electronic, computer, network, human or other errors, including, without limitation, any errors or problems that may occur in connection with the administration of the Contest, the allowing of access to the Sponsor’s website, and the determination and announcement of the Prize Winners, (h) incorrect or inaccurate transcription, receipt or transmission of Entries (including, without limitation, the Entry information or any parts thereof), (i) any technical malfunctions or unavailability of the Sponsor’s website, the Contest entry page, or any telephone network, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail or delivery service utilized by any of the Releasees or by an Entrant, (i) interruption or inability to access the Contest, the Contest entry page, the Sponsor’s website, or any online service via the Internet due to hardware or software compatibility or other problems, (k) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest, (l) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, misdirected, delayed, garbled, corrupted, destroyed or incomplete Entries, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Releasees and/or (o) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof).

Proof of submitting an Entry is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced Entries, and Entries in excess of the number stated above, will be disqualified. Entries will not be acknowledged or returned. False, fraudulent or deceptive Entries or acts shall render Entrants ineligible.

If for any reason the Contest is not capable of running as planned, or if the Contest or the Sponsor’s website (or any portion(s) thereof) becomes corrupted or does not allow the proper conduct of the Contest or processing of Entries in accordance with these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by Entrants, fraud, technical failures, or any other causes, in the Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest or the granting of a Prize or any component thereof, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend the Contest or any portion thereof. In the event the Contest is cancelled or terminated, and to the extent possible as determined by Sponsor, Sponsor will recount votes (as detailed above) to select the Prize Winners from among all eligible, non-suspect Entries received prior to the time of the action or event warranting such cancellation and/or termination, and to award the Prize(s) (or any awardable portion(s) thereof) using the Prize Winner determination procedure outlined above. In the event that Sponsor determines that there are no eligible Entrants, Sponsor reserves the right in its sole discretion to not award any Prize (or any portion thereof). ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SPONSOR’S WEBSITE OR THE CONTEST ENTRY PAGE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. If a dispute arises about the identity of an Entrant, the Entry will be deemed submitted by the authorized account holder of the email account provided in the Contest Entry and he/she must comply with these Official Rules. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. A potential Prize Winner may be requested to provide the Sponsor with proof that the potential Prize Winner is the authorized user of the email account associated with the winning Entry and that all eligibility and other requirements are met.

7. ARBITRATION. BY ENTERING INTO THE CONTEST, EACH ENTRANT AGREES THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTEST (INCLUDING WITHOUT LIMITATION ITS PRIZING), THE SPONSOR’S WEBSITE OR ITS USE, OR RELATING TO THESE OFFICIAL RULES, THEIR ENFORCEMENT, ARBITRABILITY OR INTERPRETATION, SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE ARBITRATOR. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.

8. Governing Law. Each Entrant acknowledges that the internal substantive laws (as distinguished from the choice of law rules) of the State of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these Official Rules or the Contest.

9. Official Winners’ List/ Official Rules. For an Official Winners’ List (available after December 11, 2017), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “Popstar! Rising Stars Top 40 Contest” (please specify Official Winners’ List or Official Rules), [Los Angeles News Bureau Office: 4401 Wilshire Blvd., Los Angeles, CA 90010]. All requests must be received by December 7, 2017. The Official Rules are also available during the Contest Period on the Sponsor’s website.

Any questions, comments or complaints regarding the Contest should be directed to the Sponsor at the address above.

 


  • I agree to the contest rules setforth above and wish to continue to the application process.