KFSM Youth Talent Contest 2013

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE'S CHANCES OF WINNING.  Odds of winning will depend on the number of eligible entries received.

ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. FAILURE TO COMPLETE THE APPLICATION AND PROVIDE TRUTHFUL AND PERTINENT INFORMATION MAY RESULT IN DISQUALIFICATION FROM THE CONTEST. DISQUALIFICATION IS IN THE SOLE DISCRETION OF KFSM AND/OR LOCAL TV, LLC.

KFSM will conduct the KFSM Youth Talent Contest 2013 (“Contest”) substantially as described in these Official Rules (“Rules”).  Participation in the Contest constitutes entrant's full and unconditional agreement to, and acceptance of, these Rules.  This Contest may be temporarily postponed or discontinued at any time without prior notice.  The Contest is intended for play in the United States only, is void where prohibited, and is subject to all federal, state, and local laws and regulations.  Do not participate if you are not eligible and located in the United States at the time of entry.

This Contest, and all Contest material, is © 2013 by Local TV LLC.  All rights reserved.

1.  Eligibility:  Entrants must be legal US residents, between the ages of 13 and 21 years old, as determined by KFSM and reside in the Fort Smith or Fayetteville Designated Market Area as defined by The Nielsen Company.   Employees of KFSM, Local TV LLC (collectively, the “Sponsor”), the Contest’ participating sponsors, promotional agencies and their advertising agencies, employees of other television or radio stations, and members of the immediate families of such persons are not eligible to participate and win.  The term “immediate family” includes spouses, siblings, parents, children, grandparents and grandchildren, and any other person residing at the same household whether or not related.  Sponsor reserves the right to restrict the local winners to persons whose primary residence is within a 60 mile radius of KFSM’s office.  Winning a prize is contingent upon fulfilling all requirements set forth herein. 

2.  Contest Period:  The Contest begins on July 12, 2013 at 12:00 a.m. and ends on September 22, 2013. Sponsor reserves the right to shorten or extend the Contest Period.

3.  Contest Entry:  To enter the Contest, submit a video to be featured on 5NEWSonline.com. Potential candidates must submit a 4 minute or less video performance (maximum video size 400MB) before August 10, 2013. We'll choose 30 top performers to perform in the semi-finals on the Choctaw Casino Stage at the 2013 Arkansas Oklahoma State Fair! Our judges will then choose 15 finalists to take the big stage for the chance at our grand prize!


OFFICIAL CONTEST GUIDELINES

1. All contestants must be between the ages of 13 and 21 at the time of the semi-final performance on September 21, 2013.
2. NO BACKGROUND VOCALS ARE ALLOWED ON AUDIO ACCOMPANIMENT FOR VOCAL PERFORMANCES. Background vocals are defined as any pre-recorded voice or voices singing or speaking. Audio accompaniment for a vocalist must consist of instrumental music ONLY. ANY CONTESTANT VOCALIST FOUND USING AN AUDIO ACCOMPANIMENT WITH BACKGROUND VOCALS WILL BE DISQUALIFIED. NO EXCEPTIONS.
3. No professional artists allowed. A professional is defined as a person who has been paid to perform their talent (excluding prize money awarded for a competition) or who seeks to make money though the sale of merchandise featuring their talent (including CDs and DVDs).
4. Acts may not run more than four minutes in length. If an act exceeds four minutes, the contestant will be disqualified.
5. No fire, pyrotechnic, smoke, smoke effects, or weapons of any kind (including knives and firearms) will be allowed.
6. Contestants may enter the contest only one time as a solo act and one time as part of a group act.
7. All props must be inanimate, with the exception of use within a variety act (such as a magic act).
8. Live audio accompaniment during a vocal or dance act is permitted provided the accompanying performer does not assume visual or auditory importance in the performance. Visual or auditory importance is defined as any background singing, dancing, instrumental solo, or other action that could be construed as vital to the act. Any person assuming visual or auditory importance during a vocal or dance act must meet the age qualifications for this contest.
9. Live audio or taped instrumental accompaniment during an instrumental performance is not permitted. All instrumental performers must meet the age qualifications for this contest.

10.  Audio accompaniment used by a dance act must NOT contain any tap or tap effects. Dancers found using an audio accompaniment that contains tap or tap effects will be disqualified.

THERE WILL BE NO EXCEPTIONS TO THESE RULES. ANYONE FOUND VIOLATING ANY OF THESE RULES WILL NOT BE PERMITTED TO PERFORM AND/OR DISQUALIFIED.

All entries become the property of KFSM and will not be returned.  Incomplete entries will be disqualified. Entrants may be required to become registered users of the website and may not enter the Contest more than once. Multiple entries by means of software-generated or other automated processes will be disregarded.  Detection of said automated entry will lead to such entries being voided in Sponsor’s sole discretion.  Only one registered account per entry.  If multiple accounts are detected for a single entrant, the accounts will be voided and the entries will be disqualified in Sponsor’s sole discretion.  In the event of a dispute as to any registration, the authorized account holder of the email address or account used to register will be deemed to be the registrant.  The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.  Sponsor reserves the right to use any and all information related to the Contest, including information on entrants obtained through the Contest, for marketing purposes or any other purpose, unless prohibited by law.  Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of this promotion. 

4.  Prize:  First, second, third, fourth and fifth place prizes will be awarded.  First place will receive $500, second place will receive $250, third place will receive $100, fourth place will receive $75, and fifth place will receive $50.

5. Winner Notifications:  Semi-finalists will be notified by phone between September 10, 2013 and September 14, 2013. Finalists will be announced live at the Arkansas Oklahoma State Fair on Saturday, September 22, 2013. The Contest winners will be announced live following the final performances at the Arkansas Oklahoma State Fair on Sunday, September 23, 2013.  Winners must have a valid phone number where they can be notified and be present to win or Sponsor reserves the right to award the prize to another winner.

Winners must have a valid email address and phone number where they can be notified.  If a winner is unreachable after seven (7) days, or if that winner is unavailable for prize fulfillment, Sponsor reserves the right to award the prize to another winner. If Sponsor cannot find an eligible winner for the prize, that prize will not be awarded.  All results are unofficial until winners are verified.

6.  Prize Acceptance/Restrictions:   Winners are subject to verification by KFSM of the winner’s name, age, address, phone number, and Social Security number (where the prize value is equal to or greater than $600.00).  Winners will be required to sign an Affidavit of Eligibility/Release of Liability and Publicity, and may be required to provide a completed W-9, per Section 9 below.  Failure to do so will disqualify the winner.  If a winner is disqualified, Sponsor reserves the right to determine an alternate winner or to not award that winner’s prize at all.  Prizes cannot be redeemed for cash or substituted for any other items by any winner.  Prizes are non-assignable and non-transferrable.  Sponsor reserves the right to substitute a comparable prize of like or greater value, including cash, for any prize, for any reason.  Costs of transportation and accommodations, where applicable, and any other cost not specifically included in the prize are the sole responsibility of the winners.  

7. Publicity Release:  By participating in the Contest, each entrant acknowledges that his/her entry in the Contest constitutes that entrant’s consent to use, publish, reproduce and for all purposes, including publicity, promotion and advertising, in any media (including without limitation, the Internet, television or offline promotions), each winner’s name, likeness, photograph, voice, opinions, and/or hometown and state, and any portion thereof, each extending throughout the universe and in perpetuity without further compensation, credit or right of review or approval, except where prohibited by law. 

8.  Telephone and Delivery Disclaimer:  Sponsor disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Sponsor’s control, or otherwise.  Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.  Sponsor is not responsible for mechanical, technical, computer, hardware or software errors, malfunctions, or failures of any kind, including but not limited to failed, incomplete, garbled, or delayed transmission of entries, traffic congestion, viruses, sabotage, satellite failures, electrical outages, on telephone lines, on the Internet, at any website, or application or lost or unavailable network connections or natural disasters or acts of God or man, which may limit an entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.

ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY CIRCUMVENT, DISRUPT, OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS CONTEST, TELEPHONE SYSTEMS OR WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW AND TO DISQUALIFY ANY SUCH INDIVIDUAL FROM PARTICIPATION IN THE CONTEST OR ANY OTHER CONTEST. 

9.  Taxes:  Any valuation of the prize(s) stated above is based on available information provided to KFSM, and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  All taxes, including federal, state, and local taxes, are the sole responsibility of the winner.  Any person winning over $600.00 in total prizes will receive a 1099 form from Sponsor at the end of the calendar year and a copy of such form should be filed with the IRS.  Each winner must provide Sponsor with valid identification, and a valid taxpayer identification number or Social Security number for total prizes valued at $600.00 or more, before any prize will be awarded.  Sponsor shall have the right, but not the obligation, to require any winner to complete and submit an IRS form W-9.  Sponsor reserves the right to withhold prizes until the completed W-9 form is received.

10.  Conditions:  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend this Contest or any portion hereof, or to disqualify any individual implicated in any of the following actions, if for any reason:  (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, (b) the Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Rules, (c) the Contest becomes corrupted due to interruption in wireless calling devices or wireless service for any reason, or (d) the Contest is otherwise not capable of running as planned.  By entering, entrants represent that they are eligible and agree to be bound by and comply with the Rules and the decisions of any judges, which are final on all matters pertaining to the Contest.  Any entrant who attempts to tamper with this Contest in any way or use fraudulent means to participate in and/or win the Contest shall be disqualified.  Sponsor reserves the right to disqualify any entrant at any time, for any reason, including, without limitation, language, activities or behavior deemed inappropriate. Sponsor and their advertising and promotion agencies are not responsible for cancellations, postponements, or delays.  Other than the prizes received by the winner, no entrant shall be entitled to receive any wages, benefits, fees or other compensation whatsoever as a result of participating in the Contest.  Sponsor shall have the sole discretion to administer the Contest and interpret and apply the Rules.  This Contest is not intended for gambling.  If Sponsor determines that an entrant is using the Contest for gambling purposes, such entrant may be disqualified and reported to the authorities.

11. Indemnification/Hold Harmless:  By participating, entrants agree: (a) to the Rules and decisions of Sponsor, which shall be final in all respects; (b) to release, discharge, and hold harmless KFSM, Local TV, LLC, and their respective affiliates, parents, subsidiaries, advertising and promotion agencies, officers, directors, employees, representatives, and agents (the “Released Parties”) from all liability, injuries, losses or damages of any kind to persons, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright, or other intellectual property rights, death or property damage resulting in whole or in part, directly or indirectly, from the acceptance, delivery, possession, misuse or use of a prize (including any travel or activity related thereto), or from participation in and/or entry into or creation of an entry for the Contest and/or the broadcast or exploitation or use of entry or any other Contest-related activity; and (c) that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guaranty, expressed or implied, in fact or in law, relating to any prize.  In consideration for his or her participation in the Contest, each entrant agrees to hold harmless and indemnify the Released Parties from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the entrant’s participation in the Contest, including attorneys’ fees.       

12.  Limitation of Liability:  The Released Parties are not responsible or liable for: (i) any incorrect or inaccurate entry information or other errors in the printing, offering or administration of the Contest or in the announcement of the prize(s), (ii) any error, omission, interruption, defect or delay in operation or transmission at any website, or wireless calling service, interrupted or unavailable network, server or other conditions, (iii) failure of any entry to be received by Sponsor due to technical problems, telephone service problems, human error, or wireless calling service, (iv) communication line, hardware and/or software failures, malfunction of phones (including wireless phones/handsets), phone lines, other communications malfunctions, unavailable network connections, cellular equipment towers, telephone systems or wireless service, (v) damage to any computer (software or hardware) resulting from participation in the Contest, or damage to mobile phone or other PDA device, (vi) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, (vii) entries which are late, lost, stolen, damaged, illegible, and/or unintelligible (or any combination thereof), or (viii) any change of email address, mailing address, telephone number and/or any other contact information provided by entrant.  Any expenses incurred by the entrant during the application process, including but not limited to postage, are the sole responsibility of each entrant and the Sponsor will not issue reimbursement for any expenses.

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ATTORNEYS’ FEES, OR ANY OTHER DAMAGES. 

13.  Choice of Law/Forum:  All entrants agree, by participation in the Contest, to submit to the personal jurisdiction of the courts of Arkansas.  Arkansas law shall govern this Contest, without regard Arkansas’s choice of law rules.  The courts of Arkansas shall be the exclusive forum for any dispute regarding any Rule or activity associated with the Contest.

14.  Official Rules:  To request a copy of the Rules, send a self-addressed stamped envelope to KFSM, located at P.O. Box 369, Fort Smith, AR 72902, by August 9, 2013. Written copies of these Rules are also available during normal business hours Mon-Fri 8:00 AM to 5:00 PM at KFSM’s business offices or online at www.5newsonline.com/contests.

15.  Names of Winners:  For a list of prize winners, send a separate, self-addressed, stamped envelope to KFSM, located at P.O. Box 369, Fort Smith, AR 72902 or appear in person at that location between normal business hours Mon-Fri 8:00 AM to 5:00 PM after September 23, 2013.

16. Compliance with Law:  The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.  Sponsor shall follow the applicable laws for conducting Contest.

17.  Rights Reserved:  The content, information, data, designs and code associated with the Contest and Contest website are protected by intellectual property and other laws. Any unauthorized use of copyrighted materials, trademarks, or any other intellectual property of Sponsors and/or UPICKEM without the express written consent of its owner is strictly prohibited.  [UPICKEM is a trademark of Second Street Media, Inc.]

NO PURCHASE NECESSARY.

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