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HOW SWEET THE SOUND CHOIR CONTEST OFFICIAL RULES
1. General Overview of the Contest.
The 2013 How Sweet the Sound Contest (the “Contest”), conducted by Momentum Entertainment Group (“Momentum”), is a search for the best gospel choirs in America. These official rules of the Contest (the “Official Rules”) describe the manner in which the Contest will be conducted. As described in detail below, there are three separate rounds (each, a “Round”) in this Contest: the Video Audition Round (“Round 1”), the Regional Round (“Round 2”), which will involve live events in seven (7) different locations across the country, and the Grand Finale Round (“Round 3”) at which the finalists will be invited to sing to win the honor of being named the Best Gospel Choir in America.Please read these Official Rules carefully as they contain important information about how the Contest will be conducted, including which choirs are eligible to enter, deadline dates for entry, and rules regarding the music that can be performed in the Contest. If you have any questions about the Contest or these Official Rules, you may email help@howsweetthesound.com or call 1-888-691-7104.
2. Eligibility.
The Contest is open only to choirs (each, a “Choir”) that meet allof the following requirements:
      a. Each performing member of the Choir (each, a
“Member”
      or
“Choir Member”
      ) must:
      • i. be a legal resident of one of the forty-eight (48) continental United States or the District of Columbia (excluding Puerto Rico, Alaska, Hawaii, and other U.S. territories and possessions);
 
      • ii. be at least 18 years of age as of June 14, 2013; and
 
      • iii. never have been a spokesperson for a cellular phone distributor, manufacturer or retailer other than Verizon;
b. In each Round, the Choir must perform gospel music, as determined by Momentum in its sole discretion. Further details on permissible music are described in Section 4 below. c. This Contest will be conducted in the following seven (7) different regions (each, a “Region”): New Orleans, Dallas, Baltimore, New York City, Chicago, Detroit and Atlanta. Unless otherwise directed by Momentum, participating Choirs must enter the Contest in the Region that is the nearest to the mailing address of such Choir’s Religious Organization or Legal Entity (as applicable) (or Choir Representative, if the Choir is a Non-Affiliated Choir) (all capitalized terms as defined below). Notwithstanding the foregoing, Momentum reserves the right, in its sole discretion, to move any Choir to any Region for any reason (or no reason) and/or to change, remove or add any Region. d. The Choir must consist of between 12-60 performing Members (inclusive of any band members); and e. Neither the Choir nor any of its Members may be (or have been, within the previous twelve (12) month period) a party to a music recording contract or any other contractual arrangement that would prohibit or restrict the Choir or any of its Members from: (i) entering this Contest; (ii) allowing their performances to be recorded, exhibited, broadcast and used as described in these Official Rules; or (iii) granting the rights granted in these Official Rules. Notwithstanding the foregoing, any Choir that was a national finalist in the 2012 “How Sweet the Sound” (excluding the Choir that was the grand finale winner) may enter this Contest even though such Choir (and its members) previously executed an agreement with Momentum. f. In addition,
      • i. Should a Choir advance to Round 2 of the Contest, such advancing Choir and each Choir Member of such Choir understands and agrees that it shall be required to enter into a participation and option agreement (the “P&O Agreement”) pursuant to which each of them grants to Momentum (or its designee) a binding transferable option to secure exclusive recording, publishing, touring, merchandizing, fan club & ticketing services and rights, in accordance with Section 9(b)(i) below, and as more fully described here; and
 
      • ii. The Grand Prize Winner (as defined below) of the Contest and each of its Choir Members shall be awarded (and must enter into) an exclusive agreement with Momentum (or its designee) (the “Recording Contract”) providing the Grand Prize Winner the opportunity to record (and have Momentum (or its designee) commercially release) a minimum of two (2) songs, consistent with the terms of the P&O Agreement, and in accordance with Sections 14(a) and 14(b) below.
 
    • iii. The Grand Prize Winner of the Contest and each of its Choir Members shall, at Momentum’s option, enter into exclusive publishing, touring, merchandising, and/or fan club & ticketing services agreements consistent with the terms of the P&O Agreement.
Employees, officers, directors, representatives, and agents of Momentum or any Contest sponsors or their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and members of their immediate families (i.e., spouses, parents, siblings, and children) and those living in their households, are not eligible to enter the Contest. However, a Choir will not be disqualified merely because any of the foregoing individuals are members of or associated with a Choir or the Choir’s Religious Organization/Legal Entity (so long as such individuals are not participating Choir Members). Momentum shall have the right to verify the accuracy of all information submitted and also reserves the right to disqualify any Choir or Member that Momentum, in its sole discretion, believes might for any reason reflect negatively on Momentum or who fails to comply with these Official Rules. By participating, each Choir and its Members agree to comply with these Official Rules and with the decisions of Momentum and any Contest judges, whose decisions are final and binding in all respects. The Contest is void in Puerto Rico, other U.S. territories and possessions, and where prohibited or restricted by law.
3. Types of Choirs.
During the registration process, each Choir must indicate whether it will enter the Contest as a “Religious Organization Choir,” “Legal Entity Choir,” or “Non Affiliated Choir,” as described in this section.
    • a. If the Choir has a meaningful and consistent relationship with a church, temple, mosque or other similar religious organization (the “Religious Organization”), then such Choir may enter as a “Religious Organization Choir.” Such Religious Organization must have a valid tax identification number, must be an entity that is formed pursuant to the laws of one of the continental United States, must be a tax-exempt organization as described under sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986, as amended from time to time, and must have received an exemption letter from the Internal Revenue Service confirming its tax exempt status. The Choir must provide the Religious Organization’s valid tax identification number as part of the registration process, and the Choir, at Momentum’s request, shall submit additional documentation satisfactory to Momentum in its sole discretion confirming the tax-exempt status of the Religious Organization. All cash prizes (if any) that are awarded to a Religious Organization Choir will be awarded in the name of the Religious Organization;
 
    • b. If the Choir has formed a legal entity or is associated/affiliated with a for-profit legal entity (a “Legal Entity”) that permits the Choir’s use of its name and federal identification number in connection with this Contest, then such Choir may enter the Contest as a “Legal Entity Choir.” Such Legal Entity must have a valid tax identification number and must be an entity that is formed pursuant to the laws of one of the continental United States, and the Choir must provide the Legal Entity’s valid tax identification number as part of the registration process. The Choir, at Momentum’s request, shall submit additional documentation satisfactory to Momentum in its sole discretion confirming the existence of and/or the Choir’s association/affiliation with the Legal Entity. All cash prizes (if any) that are awarded to a Legal Entity Choir will be awarded in the name of the Legal Entity; OR
 
  • c. A Choir that has neither a meaningful and consistent relationship with a Religious Organization nor formed/has an association/affiliation with a Legal Entity, may enter as a “Non-Affiliated Choir.” All cash prizes (if any) that are awarded to a Non-Affiliated Choir will be awarded in the name of the Choir Representative (as defined below).
4. Music Requirements.
    • a. In Round 1, each Choir may perform one (and only one) gospel song. The Choir’s performance in Round 1 shall not include any medleys, mash-ups, “samples,” or interpolations of any others songs and shall otherwise conform to the requirements set forth in Section 6(a) below.
 
  • b. In Round 2 and Round 3, each Choir must perform one (and only one) song from the list of approved songs for Rounds 2 and 3 of the Contest (the “Song List”), which will be posted on www.howsweetthesound.com (the “Website”). Momentum, in its sole discretion, may modify/update the Song List from time to time, and any modified/updated Song List will be posted on the Website. In addition, information on how the Choirs may obtain sheet music for the songs listed in the Song List will be available on the Website. Each Choir and each of its Members agree, represent and warrant that should the Choir advance to Round 2 or Round 3, (i) the Choir shall perform a song from the Song List, (ii) the Choir’s performance shall not include medleys/mash-ups of songs, “samples” or interpolations of any other songs, (iii) the Choir’s arrangement of that song shall not change the basic melody or fundamental character of the song and shall not violate the rights of any person or entity (e.g., the arrangement shall be original or in the public domain, etc.), (iv) the Choir shall not change the lyrics to the song, (v) the Choir grants and assigns to Momentum (and represents and warrants that it has all necessary rights to so grant and assign) all right, title and interest in and to the Choir’s arrangement of the song performed, and (vi) the Choir’s performance shall not violate the rights of any person or entity.
5. How to Enter: Round 1 or the Video Audition Round.
Each Choir must follow the following procedures to enter Round 1 (also referred to herein as the “Video Audition Round”) of the Contest, and thereby enter the Contest:
    • a. Choir Representative. Each Choir must designate a representative who is a Member of the Choir (“Choir Representative”) who shall be the spokesperson on behalf of the Choir and responsible for the submission of all required information and documentation. The Choir Representative must be 21 years of age or older as of June 1, 2013.
 
    • b. Entry Methods and Deadlines for Entry (Round 1): The Choir may only enter Round 1 of the Contest (i) online at the Website, or (ii) by mail. Allentry materials can be found at the Website.
        • i. Online Entry: To enter online, visit the Website and follow all instructions to create a profile, submit all required information, and upload the Video (as defined below). Entries may be submitted beginning at 6:00 pm Eastern Time (“ET”) on March 29, 2013 and ending at 11:59 p.m. ET on June 14, 2013 (the “Entry Period”). Momentum, in its sole discretion, may change the deadlines for Entry, and any changes will be noted on the Website. For clarity, at any time prior to the close of the Entry Period, a Choir may modify its previously-submitted Entry.
       
      • ii. Mail-in Entry: Copies of all entry materials can be downloaded from the Website or obtained by calling 1-888-691-7104. Mail-in entries must be received by no later than June 14, 2013. To enter by mail, mail a single package containing all entry materials and your Video to the following address: Attention: How Sweet the Sound, Momentum Worldwide, 250 Hudson Street, 2nd Floor, NYC, NY 10013. Please Note: Video must be labeled with the Choir name, the song performed in the Video, and the Choir Representative’s name, address and phone number, and Video must be in one of the following formats: Hi-8, DVD, MiniDV or VHS format.
 
    • c. Required Materials:Each Choir will be required to provide and submit the following information and materials:
        • i. Video: The Choir must create and submit an audition video (“Video”) which must:
            • 1. be an audio-visual recording of the Choir’s performance (whether public or private) of one (and only one) song selected by the Choir, which performance must comply with Section 4(a) of these Official Rules;
           
            • 2. be no less than thirty (30) seconds and no longer than three (3) minutes in length. If the Video is longer than three (3) minutes in length, Momentum shall have the right (in its sole discretion) to disqualify the entry, demand a revised and compliant Video, or consider only a three-minute portion of the Video, such portion to be selected by Momentum in its sole discretion;
           
            • 3. comply with the requirements set forth in these Official Rules, including, without limitation, those set forth in Section 6 below. PLEASE NOTE that only Members who appear in the Video will be eligible to participate/perform in later Rounds of the Contest (if selected) unless Momentum agrees otherwise in its sole discretion; and
           
          • 4. comply with the following (when submitting via online entry): (a) the “title” of the Video must be the Choir’s name, and (b) the Video must be in one of the following formats: FLV, MOV, WMV, AVI, MPEG or MP4; and no more than 500 MB.
       
        • ii. Registration Information: The Choir must provide all requested information in the registration form (the “Registration Form”), which may include, without limitation, the Choir’s name, the number of Members in the Choir, the Choir’s selected Region, the Choir Representative’s name, address, phone number and email address, the name of the song performed on the Video; and, (A) if the Choir is a Religious Organization Choir, the name, address (including zip code) and tax identification number of the Choir’s Religious Organization, or (B) if the Choir is a Legal Entity Choir, the name, address (including zip code) and tax identification number of the Choir’s Legal Entity. (If the Choir is a Non-Affiliated Choir, the Choir must indicate as such in the applicable portion on the Registration Form.)
       
        • iii. Release: On behalf of all Choir Members, for Round 1, the Choir Representative must agree to (via a click-through agreement, if submitted online, by hand, if submitted via mail) a liability/publicity release (the “Release”). (A link to the Release is provided during the registration process.) In the Release, the Choir Representative represents that he/she has the authority to act on behalf of the Choir and enter into the Release on behalf of all Choir Members and bind all Choir Members to the terms of the Release. (In particular, the Choir Representative for the Non-Affiliated Choir must represent in the Release that he/she has the permission of all Choir Members to accept any cash prize(s) on their behalf.) At any time during the Contest, Choir Members may be required to provide additional signed releases, as determined by Momentum in its sole discretion. If any Choir Member does not grant the Choir Representative the requisite authority required hereunder and/or in the Release, then the Choir Representative shall ensure such Member does not participate in the Contest (and that such Choir Member’s performance is not embodied in the Video).
       
 
    • d. Complete Entries. A complete entry (the “Entry”) will consist of: the Video, a completed Registration Form, an agreed-upon Release, and any other materials or information requested by Momentum. All required information and materials must be included in the Entry for the Entry to be valid. Momentum is not responsible for lost, late, misdirected, damaged, illegible, incomplete, inaudible, inaccurate, corrupted, postage-due or incorrect Entries (all of which will be void). Momentum has no obligation to acknowledge receipt of, return or respond to Videos (and Entries). All Entries become the property of Momentum and will not be returned. Failure to timely submit an Entry may disqualify the Choir from the Contest.
 
    • e. Duplicate Entries. An individual may enter the Contest as a Member of one (1), and only one (1), Choir. If any individual enters as a Member of more than one (1) Choir, Momentum, may, in its sole discretion, either (a) disqualify the individual from participating in the Contest in any manner; (b) disqualify the individual from participating in the Contest with any Choirs in excess of one (1) Choir; or (c) disqualify one or more Choir(s) with whom such individual entered the Contest. All decisions regarding disqualification of individuals and Choirs shall be made by Momentum in its sole discretion. Each Choir may submit only one Video via only one Entry, and each Religious Organization/Legal Entity is permitted to have only one Choir enter the Contest. If any Choir submits more than one Video or Entry, Momentum, at its sole discretion, may choose one Video (or Entry) to be eligible, or may disqualify all the Videos (or Entries) submitted by that Choir. If more than one Choir designates the same Religious Organization/Legal Entity, the Religious Organization/Legal Entity may be required by Momentum to choose one of such Choirs to be eligible. Momentum, at its sole discretion, may honor the Religious Organization’s/Legal Entity’s direction, or may disqualify all/any Choirs that designate the same Religious Organization/Legal Entity.
 
  • f. THIS CONTEST MAY BE CANCELLED OR MODIFIED, IN THE SOLE DISCRETION OF MOMENTUM, IN THE EVENT AN INSUFFICIENT NUMBER OF ELIGIBLE OR SATISFACTORY ENTRIES ARE RECEIVED.
6. Video Content.
    • a. By entering this Contest and by submitting the Video, the Choir and each of its Members represent, warrant and agree that: (i) they have all necessary rights to submit the Video (including the song performed therein) and authorize Momentum to use the Video (including the song performed therein) as set forth herein, including, without limitation, all rights from all people who participated in the creation of the Video; (ii) the Video is 100% original and was created solely by the Choir and/or any videographer (from whom the Choir has acquired all necessary rights); (iii) other than any properly licensed song (performed in accordance with Section 4 above), the Video does not consist of or incorporate any materials that are owned by anyone other than Choir Members (including, for example and without limitation, photography, film clips, sound recordings, sound effects, artwork, trademarks or logos owned by anyone other than the Choir Members); (iv) the Video does not show, depict or reference any individuals (other than Members) or third parties unless the Choir has obtained all necessary releases and permissions from such individuals/third parties; (v) the Video (and the Choir’s performance of the song therein) does not contain any defamatory material and does not violate the rights of any third party, including any copyright, trademark, publicity right, privacy right, publishing right, recording right or any other right; and (vi) the Video is not of a live performance of the Choir (at a Regional or Grand Finale event) from any previous How Sweet the Sound Contest. The performance captured in the Video may not use or include any special effects or other vocal enhancements of any kind or be overlaid with any sound or vocal recording.
 
    • b. In addition, the Video must not contain any content that: (i) is abusive, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent or references drugs; (ii) promotes racism, bigotry, sexism, homophobia, hatred or physical harm of any kind against any group or individual; (iii) promotes pornographic or sexually explicit behavior, illegal activity or conduct that is abusive, threatening, profane, indecent, obscene, defamatory, libelous or otherwise objectionable; (iv) contains any advertising or other commercial content; or (v) is otherwise deemed inappropriate by Momentum (as determined in its sole discretion).
 
    • c. Momentum may, in its sole discretion, demand a Choir re-submit/modify any Video, consider only a portion of the relevant Video (such portion to be determined by Momentum in its sole discretion) or disqualify any Choir should Momentum determine, in its sole discretion, that a Choir’s Video fails to conform to these Official Rules or contain otherwise unacceptable content. For clarity, Momentum reserves the right to allow for minor fluctuations between the Video length limitation stated herein and the actual length of a Video submitted in this Contest, as well as other minor deviations from these Official Rules, based on clear intent to comply with these Official Rules, as determined by Momentum in its sole discretion.
 
  • d. The Choir and each Choir Member understands and agrees that by submitting any Video (or permitting the Choir Representative to submit any Video) and agreeing to the Release (or permitting the Choir Representative to agree to the Release), the Choir and each Choir Member is granting to Momentum (and has the right to grant to Momentum) a non-exclusive, perpetual, worldwide, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, license to use and exploit the Video, and any material based thereon or derived therefrom, edited or altered as Momentum, in its sole discretion so chooses, together with any other material (whether fictional or non-fictional) and the image, picture, likeness, performance, statements, voice, name and biographical information of the Choir Member contained in the Video, and all other materials submitted as part of the Entry, in any manner, venue or media whatsoever (whether now known or hereafter devised) (including, without limitation, on all forms of television, print, radio, broadcast media, industrial and event usage, the internet and new media (e.g., podcasts, V CAST videos, etc.) and any other media whatsoever) anywhere in the world at any time, without compensation or permission, for any purpose, including, without limitation, for purposes of advertising, trade, promotion and/or merchandising in connection with Momentum, any Contest sponsors, their products and services or the Contest (and any subsequent or similar promotions).
7. Selection Process.
These Official Rules designate below the number of Choirs in each Region that Momentum anticipates will be selected to participate in each Round of the Contest. Notwithstanding anything to the contrary contained herein, Momentum reserves the right, in its sole discretion, to have a different number of Choirs (more or fewer) than the numbers designated in these Official Rules participate in any Region or Round of the Contest.
8. Round 1 – Video Audition Round.
After June 14, 2013, a panel of judges (“Judges”), selected by Momentum in its sole discretion, will review the eligible Videos submitted and, based on the Judging Criteria (as defined in Section 11 below), score and select a total of six (6) Choirs per Region to advance to Round 2 of the Contest. Momentum and the Judges reserve the right to either disqualify any ineligible Entries or to request that any Choir re-submit an Entry to conform to these Official Rules, within a time-frame dictated by Momentum. Should any Choir asked to re-submit an Entry fail to do so within the time-frame communicated by Momentum, such Choir may be disqualified in Momentum’s sole discretion.
9. Round 2 – Regional Round.
    • a. Announcement and Notification. The Choirs (the “Regional Finalists”) selected by the Judges to advance to the second round of the Contest (i.e., Round 2 or the “Regional Round”) will be announced on the Website on or about July 1, 2013, and Momentum will notify the Choir Representatives for such Regional Finalists by telephone and/or follow-up email confirmation on or about the week of June 24, 2013.
 
    • b. Confirmation by Regional Finalists, P&O Agreement and Member Lists. Within twenty-four (24) hours of Momentum’s notification, the Choir Representative for each Regional Finalist must confirm to Momentum in writing (in the manner that Momentum specifies) that the Regional Finalist is willing and available to participate in Round 2 and attend the Round 2 Event (as defined below) (and Round 3, if selected) in person on the applicable date and at the applicable location.
 
      • i. In addition, within seven (7) days (or such other period of time as determined by Momentum in its sole, reasonable discretion) of Momentum’s notification and provision of the P&O Agreement to each potential Regional Finalist, each potential Regional Finalist must return the P&O Agreement fully executed by the potential Regional Finalist and all of its Members on the Member List (as defined below). Should any potential Regional Finalist and/or any Member on the Member List of the potential Regional Finalist fail to sign and return the P&O Agreement as offered, Momentum may, in its sole discretion, disqualify the potential Regional Finalist (and select an alternate potential Regional Finalist) and/or prohibit such non-signing Member from participating in any Round of the Contest. Should any Member of the potential Regional Finalist fail to sign the P&O Agreement, the Choir shall ensure that such Member shall not perform in Round 2 or Round 3 of the Contest and not be included on the Member List unless Momentum agrees otherwise in its sole discretion in each instance.
 
      • ii. In addition, the Choir Representative must also provide to Momentum a complete list (“Member List”) of all Choir Members (first and last names and dates of birth) who appeared in the Round 1 Video and who will also perform at the Round 2 Event and Round 3 (if selected). For clarity, only Members who appeared in the Video may participate in Round 2 and Round 3 (if selected), unless Momentum agrees otherwise in its sole discretion. Subject to exigent circumstances (e.g., illness or other health-related issues) as determined by Momentum in its sole discretion, the Choir Members named on the Member List shall be the only Choir Members eligible to (a) participate in the Round 2 and Round 3 (if selected); and (b) receive any benefit described in Section 13 of these Official Rules (including, without limitation, any transportation, accommodations, meals, etc.).
 
      • iii. The Members of the Regional Finalists may also be required to provide additional signed releases, as determined by Momentum at its sole discretion. The failure of a Regional Finalist to provide such confirmation or such additional releases within the time frame specified by Momentum may result in disqualification of the Regional Finalist.
 
      • iv. Each Choir Representative must also provide a list of the Choir’s top four (4) songs from the Song List (the “Song Choices”) that it would like to perform at Round 2 of the Contest (and Round 3, if the Choir advances). The Choir must rank the Song Choices in order of preference. (The manner in which songs will be assigned to Choirs in Round 2 (and Round 3) is described below.)
    • c. Round 2 Event Details. The Regional Finalists from each Region shall perform at a live event for each Region (the “Regional Event(s)”) in accordance with the following:
 
      • i. Musical Composition Assignment & Requirements: Momentum, in its sole discretion, will assign to each Regional Finalist a song from the Song List that the Choir will perform at the Regional Event. In making the assignment, Momentum will take into consideration (among other factors) the Song Choices submitted by the Regional Finalist; however, all decisions regarding song assignments are at the sole discretion of Momentum, and Momentum reserves the right to assign to a Regional Finalist any song from the Song List, including a song not included among the Regional Finalist’s Song Choices. Momentum will notify each Regional Finalist (by telephone, mail or email) of its song assignment prior to the Regional Finalists’ Regional Round competition. Each Regional Finalist, and each of its Members, represents and warrants that, during the Regional Event, it will only perform the song assigned to it pursuant to the terms of these Official Rules, and that its performance will comply with these Official Rules, including Section 4 of these Official Rules.
 
      • ii. Regional Event Dates and Locations: The dates and locations of each Regional Event will be determined by Momentum in its sole discretion and will be posted on the Website. The Regional Finalists will be required to check in on the applicable date at the designated location at a call time Momentum will determine and announce. Members may be subject to personal searches and must comply at all times with the rules and regulations of the venue. Specifically, Members shall be required to wear identification in the form provided by Momentum at all times at the designated location on the date of the Regional Round. Each Regional Finalist and all its Members shall be solely responsible for all expenses (including transportation, accommodations and any food/drink/refreshment costs) in connection with their participation in the Regional Round.
 
      • iii. Regional Round Equipment: If requested by a Regional Finalist, Momentum may provide one (1) of each of the following items for use in the Regional Finalist’s performance at the Regional Event: organ, piano, drum kit, guitar amplifier and bass amplifier. Momentum, at its sole discretion, will decide what, if any, equipment, props or instruments may be used by the Regional Finalists, and Choir Members must carry on and off stage any permitted equipment, props or instruments. All decisions by Momentum are final.
 
      • iv. Regional Round Performance Requirements: Regional Finalists shall perform as follows at the Regional Event: Members may not leave the stage or stage area during their Choir’s performance. Each Regional Finalist will have a maximum total stage time (the exact amount of which shall be determined by Momentum, in its sole discretion, and communicated to the Regional Finalists prior to the performance), regardless of any technical difficulties. If a Regional Finalist exceeds the proscribed time limit, then Momentum may deduct point(s) and/or disqualify the Regional Finalist, at Momentum’s sole discretion. In addition, all Regional Finalists may be required to remain at the applicable Regional Round venue until all Regional Finalists have performed, after which all Regional Finalists may be required to together perform a song chosen by Momentum and led by an individual chosen by Momentum.
 
  • d. Selection of Regional Finalist Winners. Based on the Judging Criteria, at the close of each Regional Event, the Judges shall select the following in each Region: one (1) “National Finalist” and one (1) “Regional Runner-Up”. Subject to these Official Rules, only the National Finalist from each Region will advance to the third and final Round of the Contest.
10. Round 3 – Grand Finale Round.
    • a. Confirmation by National Finalist. The National Finalist from each Region that complies with these Official Rules will advance to the third and final round of the Contest (Round 3 or “Grand Finale Round”). Momentum will officially notify the Choir Representative of the National Finalist for each Region by telephone and/or email within approximately fourteen (14) days after the date of the applicable Regional Event. Within twenty-four (24) hours of Momentum’s notification, each National Finalist must confirm in writing (in the manner that Momentum specifies) that it is willing and available to attend the Grand Finale Round at a location (“Grand Finale Location”) and on a date (“Grand Finale Date”) to be selected by Momentum at its sole discretion and communicated to the Choir Representative of the National Finalist. (The Grand Finale Date and the Grand Finale Location will be posted on the Website.) Members of the National Finalist may also be required to provide additional signed releases, as determined by Momentum at its sole discretion. The failure of a National Finalist to provide such confirmation or such additional releases within the time frame specified by Momentum may result in disqualification of the National Finalist. Each National Finalist will receive transportation to and accommodations for the Grand Finale Round as described in Section 13(b)(i) below.
 
    • b. Grand Finale Round Allowances and Requirements. The provisions of Section 9(c) regarding the Regional Round shall also apply to the Grand Finale Round as appropriate, including, without limitation, the requirements regarding Song Choices and the requirement for all National Finalists to perform together a song to be chosen by Momentum at the conclusion of the Grand Finale Round –except with respect to responsibility for certain expenses which, for the Grand Finale Round, is addressed under Section 13(b)(i) below. In addition, on the Grand Finale Date, the National Finalists will be required wear identification as required by Momentum and to check in at the designated venue at a call time Momentum will determine, which will be several hours prior to any performances.
 
  • c. Selection of Winners. Based on the Judging Criteria, at the close of the Grand Finale Round, the Judges will select one (1) “Grand Prize Winner” and one (1) “National Runner-Up”.
11. Judging Criteria.
The Judges will judge the Choirs based on the following weighted criteria (“Judging Criteria”):
    • a. 40% based upon general audience appeal, [including, without limitation, marketability, enthusiasm, connection with audience, general appearance (poise, uniformity, and professional behavior), and potential for success as recording artists];
 
    • b. 30% based on technical merit, [including, without limitation, diction (clarity, naturalness, purity of vowel, and articulation of consonants), ensemble (tone, quality, consistency, projection [beauty, freedom, vitality, resonance, color], choir blend, and entrances), rhythmic accuracy (control, balances, releases, precision, and evenness of vocal line [voice, control, and full use of vocal range]), and conductor’s abilities (awareness of musical elements and choir communication)]; and
 
  • c. 30% based on originality/interpretation (including, without limitation, dynamics/style, expression/artistry and musical interpretation).
In the event of a tied score between Choirs, the Choir with the higher score in general audience appeal will be deemed the winner/advancing Choir. In the event that such tied Choirs also have tied scores in general audience appeal, the Choir with the higher score in technical merit will be deemed the winner/advancing Choir. In the event that such tied Choirs have tied scores in general audience appeal and technical merit, the Judges will break the tie, based on the Judging Criteria, at their sole discretion. As noted above, if a Choir exceeds the proscribed time limit, Momentum may deduct point(s), and/or Momentum may disqualify the Choir, at Momentum’s sole discretion. The decisions of the Judges are final and binding in all respects.
12. Notification & Disqualification Details.
    • a. Additional Releases. In addition to the Release agreed to upon Entry, every Member of each Regional Finalist and National Finalist may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and (unless prohibited by law) a Publicity Release within the time period specified by Momentum. A Choir will not become a finalist or an official winner of any round of the Contest under these Official Rules until each Member signs and returns all requested affidavits, releases and other documentation (including, without limitation, as applicable, the P&O Agreement, etc.), until his/her eligibility has been formally verified by Momentum, and until the Choir has been declared to be an official finalist or winner (as applicable) of the applicable Round by Momentum. In addition, Momentum may require the Choir Representative of any Choir selected to win any prize hereunder to confirm any information supplied in connection with the Contest and to sign and return additional affidavit(s) and release(s) related thereto. Further, if any Choir Member is at least 18 years old, but still considered a minor in his/her state of residence, that Member must, at Momentum’s request, have a parent’s or legal guardian’s permission to participate in the Contest, and such parent or legal guardian must, at Momentum’s request, sign any requested affidavits, releases and other documentation required by Momentum or these Official Rules.
 
  • b. Disqualification. Any Choir selected to advance to any Round in this Contest may be disqualified at Momentum’s sole discretion, and an alternative Choir may be chosen, if such Choir (a) has a Choir Representative who is unreachable (by telephone or email) within twenty-four (24) hours after Momentum’s first attempt to notify such individual; (b) informs Momentum that it is unable or unwilling to participate in or attend a Round of the Contest for which it has been selected to participate; (c) informs Momentum (or Momentum discovers) that it is unable for any reason to claim any prize awarded; (d) fails to return all documents (including, without limitation, the P&O Agreement, as required) fully executed as required by Momentum within the specified time period; (e) performs or uses any song or music in connection with the Contest other than as permitted by these Official Rules; or (f) does not comply with these Official Rules. Further, Momentum reserves the right, at its sole discretion, to disqualify and/or exclude any Member of a Choir or any Choir from the Contest at any time, for any reason, including if any Member or Choir (or a Member’s family or associates) exhibit offensive behavior during any portion of the Contest, in the sole judgment of Momentum. Members and Choirs will not be permitted to carry/use any weapons, alcohol or non-prescriptive controlled substances at any event in connection with the Contest. All Members of each Choir selected as a winner at the Regional Round or the Grand Finale Round must be on site to win, or that Choir may be disqualified, at Momentum’s sole discretion, and the next highest scoring eligible Choir may be declared the winner.
13. Prizes and Approximate Retail Value (“ARV”).
The Choirs and any individual Members or organizations awarded any prizes hereunder (collectively, “Winner(s)”) are solely responsible for all taxes, fees and expenses associated with this Contest and redemption of prizes. (The applicable Religious Organizations may be required to provide additional documentation of tax-exemption and/or 170(c)(2) and 501(c)(3) status.) Cash (i.e., check) prizes for winning Religious Organization Choirs will be payable to the Winner’s Religious Organization indicated in the Entry; cash (i.e., check) prizes for winning Legal Entity Choirs will be payable to the Winner’s Legal Entity indicated in the Entry; and cash (i.e., check) prizes for winning Non-Affiliated Choirs will be payable to the Winner’s Choir Representative indicated in the Entry. For all Winners, Momentum will send the applicable check to the attention of the Choir Representative within approximately fourteen (14) days after notification that the Choir is a Winner. The prizes are as follows:
    • a. Round 2 – Regional Finalists. Each Regional Finalist that is not selected as a National Finalist or Regional Runner-Up will receive a $3,000 prize in the form of a check from Momentum payable following the applicable Regional Event.
 
    • b. Round 2 Winners.
        • i. The National Finalists will receive a trip to attend the Grand Finale Round which will consist of the following:
            • 1. Each Member of the National Finalists will receive round-trip transportation to the Grand Finale Location (from the address of a Religious Organization Choir’s designated Religious Organization, a Legal Entity Choir’s designated Legal Entity, a Non-Affiliated Choir’s designated Choir Representative, or from such other location as agreed by Momentum (collectively, the “Home Address”)). If National Finalists’ Home Address is within 500 miles of the Grand Finale Location, Momentum will provide a chartered bus from such Home Address; if the National Finalists’ Home Address is more than 500 miles away from the Grand Finale Location, Momentum will provide round-trip economy class plane tickets for each Member between the major U.S. gateway airport nearest such Home Address (as determined by Momentum) and the Grand Finale Location. Momentum will not provide any transportation to/from an airport within a National Finalist’s Region. Momentum will determine all transportation details in its sole discretion.
           
          • 2. Momentum will also provide (a) standard hotel rooms (two individuals per room) (room rate and related taxes only) for the Members of the National Finalists for two nights (the night before and the night of the Grand Finale Date); and (b) various meals for the Members of the National Finalists, as determined by Momentum, at its sole discretion, throughout the weekend of the Grand Finale Round.
        • ii. Each of the seven (7) National Finalists will also receive a $10,000.00 prize in the form of a check from Momentum, payable following the applicable Regional Event.
       
      • iii. Each of the seven (7) Regional Runners-Up will receive a $5,000.00 prize in the form of a check from Momentum, payable following the applicable Regional Event.
 
  • c. Round 3 – Grand Finale Round Winners.
      • i. The one (1) Grand Prize Winner will receive (A) a $25,000.00 prize in the form of a check from Momentum, payable following the Grand Finale Round and the full execution of the Recording Contract, and (B) the opportunity to record (and have commercially released) a minimum of two songs with Momentum (or its designee).
     
    • ii. The one (1) National Runner-Up will receive a $10,000.00 prize in the form of a check from Momentum, payable following the Grand Finale Round.
14. Additional Prize Details.
      a. Contest is intended to identify talented Choirs that Momentum and the Judges believe to be appropriate representatives of the Momentum, Verizon and/or designated record label brands. Notwithstanding anything to the contrary contained herein, Momentum reserves the right, in its absolute discretion, not to offer any music contract, if it determines, in its sole discretion, that winner of the Grand Finale Round would not be such an appropriate representative.
b. Within seven (7) days (or such other period of time as determined by Momentum in its sole, reasonable discretion) of the selection of the potential Grand Prize Winner, the potential Grand Prize Winner must return the Recording Contract fully executed by it and by all Members of the Grand Prize Winner on the Member List. Should the potential Grand Prize Winner and/or any Member of the potential Grand Prize Winner fail to sign and return the Recording Contract as offered, Momentum may, in its sole discretion, disqualify the Grand Prize Winner (and not provide the $25,000 check referenced in Section 13(c) above) and select an alternate potential Grand Prize Winner. c. All details of the prizes shall be as determined by Momentum in its sole discretion. All Members who receive prizes involving travel must possess all required travel documents (i.e., valid photo i.d., which may be in the form of a passport or driver’s license) to travel. All tickets and other reservations are subject to availability and blackout dates, and all travel arrangements must be made by Momentum. Winners (and, as appropriate, the Religious Organization, Legal Entity or Choir Representative) are responsible for any costs and expenses associated with prizes not specified herein as being provided, as well as all federal, state and local taxes that may be due on such prizes and on any services or other items provided by Momentum in connection with the Contest. For clarity, the Indemnified Parties are not responsible for (i) how or if the cash prize amounts are disseminated or used after Momentum’s mailing of the check to the appropriate party; or (ii) any taxes, fees or expenses incurred by any Religious Organization, Legal Entity, Choir Representative or Member in connection with the redemption of any prizes hereunder. Any stay by a Member in the Grand Finale Location beyond the time allotted by the transportation provided shall be at the Member’s sole expense, and Members shall bear all costs associated with changes to the bus/flight itinerary. Prizes are not transferable, redeemable for cash (with respect to non-cash prizes), or substitutable, except by Momentum. The actual value of all prizes awarded hereunder may vary depending on a number of variables (including, without limitation, the number of Members participating in the Regional and Grand Finale events, etc.). Momentum reserves the right to substitute prizes of comparable or greater value at its sole discretion.
15. Grant of Rights.
By participating in the Contest, the Choir and each Choir Member grants to Momentum the right (but not the obligation) to (a) film, videotape, record, interview and/or photograph the Choir Member and the Choir Member’s performance(s) at any time throughout the entire Contest; and (b) distribute, publish, exhibit, digitize, broadcast, display, reproduce, sell, and otherwise use and exploit the results and proceeds of such films, videotapes, recordings, interviews and photographs, the image, picture, likeness, performance, statements, voice, name and biographical information of the Choir Member, the Choir name, and any material based thereon or derived therefrom, edited or altered as Momentum in its sole discretion so chooses, together with any other material (whether fictional or non-fictional), in any manner, venue or media whatsoever (whether now known or hereafter devised) (including, without limitation, on all forms of television, print, radio, broadcast media, industrial and event usage, the internet and new media (e.g., podcasts, records, albums, iTunes (and similar formats) V CAST videos, etc.) and any other media whatsoever) anywhere in the world at any time, without compensation or permission, for any purpose, including, without limitation, for purposes of advertising, trade, promotion and/or merchandising/sales in connection with Momentum, any Contest sponsors, their products and services or the Contest (and any subsequent or similar promotions).
16. Publicity/Media Requirements.
By participating in the Contest, the Choir and each Choir Member agrees, (i) if Momentum requests, to appear at events (including, without limitation, at in-store promotions, photos sessions, autograph signings, press/publicity appearances, conferences, “meet and greets,” tradeshows and other public events and activities as Momentum shall determine in its sole discretion), and to render services for Momentum to film, photograph, shoot or otherwise create promotional, advertising, marketing and other materials promoting the Contest, Momentum or Momentum’s (or any Contest sponsors’) products and services, and render such other promotional services as Momentum requests, on dates and times to be determined by Momentum, all for no compensation; (ii) to allow Momentum to use (and, as appropriate, sell) the proceeds of the services at such events, and the image, picture, likeness, performance, statements, voice, name and biographical information of the Choir Member, and any material based thereon or derived therefrom, edited or altered as Momentum in its sole discretion so chooses, together with any other material (whether fictional or non-fictional), in any manner, venue or media whatsoever (whether now known or hereafter devised) (including, without limitation, on all forms of television, print, radio, broadcast media, industrial and event usage, the internet and new media (e.g., podcasts, records, albums, iTunes (and similar formats) V CAST videos, etc.) and any other media whatsoever) anywhere in the world at any time, without compensation or permission, for any purpose, including, without limitation, for purposes of advertising, public relations, trade, promotion and/or merchandising/sales in connection with Momentum, its (or any Contest sponsors’) products and services or the Contest (and any subsequent or similar promotions); and (iii) to sign any other documents as Momentum may request in connection with any promotional, public relations, marketing, merchandising or advertising services. Notwithstanding the foregoing, if any use of the Video or the results and proceeds of the Choir Member’s services hereunder (or any portions of either) should fall under the jurisdiction of any union or guild, then each Choir Member agrees (a) to abide by the terms of the applicable union or guild agreement with respect to such use, and if requested by the Momentum, to execute any applicable union or guild contracts; and (b) to accept the applicable minimum scale payments provided for in the applicable union or guild agreement with respect to such use.
17. Conditions/Releases.
By participating in the Contest, each Choir and each participant/Member agrees: (i) to be bound by these Official Rules, the Terms of Use of the Website, and any other documents Momentum requires to be signed; (ii) to release and forever discharge Momentum and its parents, affiliates, subsidiaries, media partners and advertising and promotion agencies, any record label or other entity to which Momentum assigns its rights in respect of the Recording Contract and any Contest sponsors (collectively, the “Indemnified Parties”) from and against any and all liabilities or claims with respect to or in any way arising from the Contest, participation in the Contest or any part thereof, the acceptance, possession, use or misuse of any prize, any exploitation of any of the rights granted herein (including, without limitation, any claims based upon copyright, trademark, invasion of privacy, right of publicity, or defamation), and any liability for economic injury, personal injury, illness, property damage, loss or any other harm; (iii) to defend, indemnify and hold harmless the Indemnified Parties from and against any and all liability or claims relating to or arising from such participant’s acts or omissions in connection with participation in the Contest or any part thereof, the Video (including, without limitation, the song performed therein), the acceptance, possession, use or misuse of any prize, or claims based on publicity rights, defamation or invasion of privacy, copyright infringement, trademark infringement or infringement of any other third party right; (iv) that the laws of the state of New York shall govern the Contest (excluding its principles of conflict of laws); (v) to waive all rights to claim or collect punitive, incidental, consequential, or any other damages; (vi) that all causes of action arising out of or connected with this Contest shall be resolved individually without resort to any form of class action; (vii) that any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, excluding attorneys’ fees; and (viii) that any and all disputes that he or she may have with, or claims he or she may have, relating to, arising out of or connected in any way with the Contest or any prize will be resolved in the federal or state courts located in the City and County of New York, and in the courts of appellate jurisdiction therefrom. Each participant/Member consents to jurisdiction and venue in the federal or state courts located in the City and County of New York, and waives any defenses based on venue or forum non conveniens. Further, each Member represents and warrants that he/she is in good physical and mental condition and has no physical or mental ailment that would prevent the Member from fully participating in this Contest in any manner. Notwithstanding the previous sentence, if notified a reasonable time in advance, Momentum shall make reasonable accommodations for any handicapped or physically/mentally challenged Members.
18. General.
Momentum is not responsible for any typographical or other errors in the printing, offering, or description of any prize or in any other materials produced in connection with the Contest. Momentum is not responsible for lost, late, stolen, misdirected, mutilated, or illegible registrations, entries, Videos, nor for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations, transmission or broadcast, theft or destruction or unauthorized access to or alterations of Videos or for technical, network, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive an Entry or Video by Momentum on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MOMENTUM RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity or proper conduct of the Contest is corrupted or affected, Momentum reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In addition, if for any reason, in its sole discretion, Momentum determines that the Contest should not or cannot be run as planned (including, without limitation, for reasons of “force majeure,” such as acts of civil or military authority, national emergencies, strikes, insurrection, war, terrorism, threat of terrorism, nuclear radiation, public utility failure, weather emergencies, acts of God or other matters not within the control of Momentum), Momentum may cancel, terminate, modify or suspend the Contest (or any portion thereof). Uses of automated devices are not valid for entry or for any online/text voting, and will be subject user to immediate disqualification. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, that determination shall not affect the remainder of these Official Rules, which shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision. All decisions of Momentum related to the Contest are final and binding.
19. Communications & Privacy.
By participating in this Contest, each Choir Member (a) agrees to receive communications regarding the Contest and any future contests, sweepstakes, promotions or events of or relating to Momentum; and (b) agrees to Momentum’s privacy policy.
20. Sponsor.
This Contest is conducted by Momentum Entertainment Group, 250 Hudson Street, 2nd Floor, New York, NY 10013.