The “ABC Make Me A Star” Contest

No Purchase Necessary To Enter or Win. You must have Internet access and a valid email address to participate. Contest open only to entrants who are legal residents of the 50 United States and the District of Columbia who possess the unrestricted right to work in the United States and are at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) at time of entry. Void where prohibited.

CONTEST OVERVIEW: American Broadcasting Companies, Inc. (“ABC” or “Sponsor”) is looking for aspiring actors and comedians to submit a video of their acting or stand-up comedy performance (“Video”). Your Video must include two segments: (1) your “Introduction” where you provide a brief introduction of yourself; and (2) your “Performance” – if entering as an actor (“Actor”), your Performance must be a part from a script provided by Sponsor on the contest websites; if entering as a comedian (“Comedian”), your performance must be of your own material.

The “ABC Make Me A Star” Contest (the “Contest”) consists of two components: (a) a public competition – where the winner will be selected by a public vote from among up to ten (10) finalists selected by ABC (the “Public Competition”); and (b) a private competition, where the winner will be selected by ABC (the “Private Competition”). Each entrant may enter either as an Actor or a Comedian, but not both, and may submit to either the Public Competition or the Private Competition, but not both. The winner of the Public Competition will win a 6-month $10,000 talent option agreement with ABC. The winner of the Private Competition will win a one year $25,000 talent holding agreement with ABC.

Entries for either the Public or Private Competitions must be received between June 1, 2013 at 12:01:00 a.m. PT and July 12, 2013 at 11:59:59 p.m. PT (“Entry Period”). The finalists’ entries in the Public Competition will be exhibited on the Contest Websites (as defined below) for voting by the public between 12:01:00 a.m. PT on August 12, 2013 and 11:59:59 p.m. PT on August 23, 2013 (“Voting Period”). The winners of the Public and Private Competitions will be announced on or about August 30, 2013. The period from 12:01:00 a.m. PT on June 1, 2013 until 11:59:59 p.m. PT on August 30, 2013 shall be referred to as the “Contest Period.”

 

Overview of Key Dates and Times:

Period

Begin Date & Time

End Date & Time

ENTRY PERIOD

12:01:00 a.m. PT - 6/1/13

11:59:59 p.m. PT - 7/12/13

JUDGING/FINALIST CONFIRMATION PERIOD

12:01:00 a.m. PT – 7/13/13

11:59:59 p.m. PT – 8/11/13

PUBLIC VOTING PERIOD*

(FOR PUBLIC COMPETITION PORTION OF CONTEST)

* By posting notice to such effect on the Contest Websites, Sponsor may modify the dates of the Public Voting Period.

12:01:00 a.m. PT – 8/12/13

11:59:59 p.m. PT – 8/23/13

Sponsor reserves the right, in its sole discretion, to modify any dates and times as outlined in the table above, for any reason including but not limited to changes to production schedule and logistical reasons.

 

1. Eligibility: Each person submitting an entry into the Contest (each, an “Entrant”) must be a legal resident of the 50 United States and the District of Columbia with the unrestricted right to work in the United States, and must be at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) as of the date of entry. Contest is void where prohibited by law. Individuals who have, within six (6) months prior to the start date of the Contest, performed services (including but not limited to, as employees, consultants, independent contractors, and interns) for Sponsor, LeadDog Marketing Group (“Contest Administrator”), ThisMoment and/or each of their respective parent, subsidiary, related, affiliated and successor companies, and the immediate family and household members of all such foregoing individuals, are not eligible to participate in the Contest. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not.

 

2. Contest Entry: All Entries in both the Public and Private Competitions must be received by 11:59:59 p.m. PT on 7/12/13 (the end of the Entry Period). Sponsor’s computer is the official clock for this Contest. The Contest consists of a Public Competition portion and a Private Competition portion. As more fully explained below, in the Public Competition portion of the Contest, public voting will determine the prize winner from among up to ten (10) finalists as determined by a panel of Sponsor’s representatives (the “Judging Panel”). In contrast, in the Private Competition portion of the Contest, ABC alone will determine the prize winner (and there will be no public voting).

 

An individual may enter either as an Actor or as a Comedian, but NOT both, in either the Public Competition portion or the Private Competition portion of the Contest, but NOT both.

 

2A. Contest Entry Procedure: There are two (2) platforms via which a person may enter the Contest: either (1) online via www.ABCMakeMeAStar.com or; (2) online via www.facebook.com/abcegcasting (each, a “Contest Website” and collectively, the “Contest Websites”). An “Entry” consists of an Entrant’s registration information and Video. See below for details regarding video content, formatting and other entry requirements and restrictions.

 

(1) Entry on www.ABCMakeMeAStar.com:

 

Go to www.ABCMakeMeAStar.com and follow the instructions to submit your Entry. You must complete the Walt Disney Internet Group Registration and the “ABC Make Me A Star” Contest entry form in order to enter from this site.

 

(i) Walt Disney Internet Group Registration:

You must be a registered member of the Walt Disney Internet Group (“WDIG”) family of sites to enter the Contest from this site. Registration is free and only required once. If you’ve ever registered with one of WDIG’s family of sites, such as ABC.com, ABCNEWS.com, Disney.com, ESPN.com, FamilyFun.com, Movies.com and more, you need not register again, however, additional information may be required of you. Register as follows:

 

1.     If you are an existing member, click on the “Enter Now” button to begin the entry process and sign-in on the Contest Website with your current member name and password.

 

2.     If you are not a WDIG member, click on the “Enter Now” button to begin the entry process. You can register for a WDIG account by clicking on the link located on the Contest Website. You will be asked to provide your name, mailing address (with zip code), e-mail address, gender, birthday, country, phone number and to select a user name and password.

 

It is the sole responsibility of the Entrant to notify WDIG if Entrant changes his/her e-mail address by amending their email address via the registration procedure for the particular, applicable WDIG site; for example, if registered with ABC.com, go to (https://register.go.com/go/memberservices/home).

 

(ii) “ABC Make Me A Star” Entry Form:

Once you have completed the WDIG Registration or signed in as applicable, fill out the online entry form on the Contest Website completely by providing your full name, home address, phone number and email address (this is required even if the same information has been previously provided as part of WDIG registration).

 

In addition, you will be asked to select whether you are entering as an Actor or Comedian (you must choose only one) in either the Public Competition portion or the Private Competition portion of this Contest (you must choose only one). (For example, if you wish to enter the Public Competition as a Comedian, select “Public Comedian” from the dropdown menu.) BE CAREFUL IN MAKING THESE SELECTIONS BECAUSE, ONCE MADE, THEY CANNOT BE REVERSED. The Public Competition and Private Competition portions of the Contest have different judging procedures (see Section 4 below) as well as different prizes (see Section 6 below).

 

Click the two check boxES signifying that you: (1) are 18 or older, meet the Contest eligibility requirements and have read and agree to these Official Rules; and (2) have read and agree to ABC’s Terms of Use. IF YOU DO NOT CHECK BOTH BOXES INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE ITEMS, YOU WILL NOT BE ENTERED IN THE CONTEST AND CANNOT WIN A PRIZE.

 

You may be asked to consent to receive promotional e-mails and reminder e-mails from the WDIG family of sites or from third parties. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest and does not improve your chances of winning.

 

(2) Entry on www.facebook.com/abcegcasting :

 

Go to www.facebook.com/abcegcasting and follow the instructions to submit your Entry. You must have a Facebook account to enter from this site. If you do not have a Facebook account, you can sign up for an account for free at www.facebook.com. In order to enter from this site, you must grant the necessary permission/authorization to the ABC Facebook application, unless you have previously given this permission for another ABC promotion through this application on Facebook.

 

Complete the online entry form on the Contest Website completely by providing your full name, home address, phone number and email address. In addition, you will be asked to select whether you are entering as an Actor or Comedian (you must choose only one), and if you would like to enter the Public Competition portion or the Private Competition portion of this Contest (you must choose only one). (For example, if you wish to enter the Public Competition as a Comedian, select “Public Comedian” from the dropdown menu.) BE CAREFUL IN MAKING THESE SELECTIONS BECAUSE, ONCE MADE, THEY CANNOT BE REVERSED. The Public Competition and Private Competition portions of the Contest have different judging procedures (see Section 4 below) as well as different prizes (see Section 6 below).

 

Click the two check boxES signifying that you: (1) are 18 or older, meet the Contest eligibility requirements and have read and agree to these Official Rules; and (2) have read and agree to ABC’s Terms of Use. IF YOU DO NOT CHECK BOTH BOXES INDICATING YOUR CONFIRMATION OF AND AGREEMENT TO THE ABOVE ITEMS, YOU WILL NOT BE ENTERED IN THE CONTEST AND CANNOT WIN A PRIZE.

 

You may be asked to consent to receive promotional e-mails and reminder e-mails from the WDIG family of sites or from third parties. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Contest and does not improve your chances of winning.

 

2B. Video Content: (applicable to both Actor and Comedian Entrants [except where otherwise specifically indicated] in both the Public Competition and Private Competition):

 

Each Entrant’s Video must include both an Introduction and a Performance as specified below.

 

(i) Introduction: Your Introduction must be the first segment of your Video and must not exceed one (1) minute in length. During your Introduction, you must state the following (on camera): your name, your hometown, and your answer to one (1) of the three (3) following “Make Me A Star” questions (each, a “Question”): (1) What is your favorite word and why?; (2) What sound do you love and why?; or (3) Who is your celebrity crush and why?

 

Each Entrant should provide their answer to ONLY one (1) of the Questions during their Introduction. With the exception of your name and hometown, no other personal information should be included in this Introduction. Your answer to the chosen Question must be truthful in all respects. If your Entry is selected as a finalist in the Public Competition, your answer to the Question you selected for your Introduction may be posted as part of your Video, at Sponsor’s sole discretion.

 

(ii) Performance: Your Performance should immediately follow your Introduction. Your Performance must not exceed two (2) minutes in length.

 

(A) Actor Entrants: Actors will be provided with a choice of four (4) scripts per gender (each, a “Script”) by Sponsor on the Contest Websites and must perform the part of a single character corresponding to the Entrant’s gender from one (1) of these provided Scripts. Actors MUST choose one and only one of the Scripts provided; DO NOT COMBINE ELEMENTS OF DIFFERENT SCRIPTS. Actors MUST have one (1) person off-camera reading the other parts/lines of their chosen Script (a “Reader”). The Reader must be off-camera, must be at least 18 years of age (or the age of majority in the jurisdiction of their residence, whichever is older) and Entrant must have the written consent of such Reader granting the Entrant the right to include such person in the Video and consenting to the submission and use of the Entry/Video in the Contest and to its use as set forth in these Official Rules. Without limiting the foregoing, potential finalists in both the public and private competitions must furnish written proof of such consents in a form satisfactory to Sponsor as a condition of being confirmed as a finalist as set forth in Section 5 below. Should a potential finalist fail to furnish such written proof in a form acceptable to Sponsor, such potential finalist will be disqualified and will forfeit the opportunity to win a prize.

 

NOTE: Without limiting the Contest Websites’ Terms of Use, Sponsor grants to Entrant a limited, non-transferable, non-exclusive, non-sublicensable, revocable right to use one (1) of its Scripts and its trademarks solely for purposes of and limited to including them in the Video submitted in this Contest; such right and license will automatically expire without further act of any party at the expiration of the Contest Period, unless specifically extended on an individual basis by Sponsor in writing in its sole discretion. Any other use of Sponsor’s and/or its licensors’ Scripts or trademarks will be a violation of Sponsor’s or its applicable licensors’ intellectual property rights.

 

The Scripts provided by Sponsor on the Contest Websites may only be used in connection with your Contest Entry. Any other use or dissemination of the Scripts is prohibited.

 

(B)  Comedian Entrants: Comedians must perform their own, original material for up to two (2) minutes in length. YOUR PERFORMANCE MUST BE YOUR OWN ORIGINAL WORK.

 

THE TOTAL LENGTH OF YOUR VIDEO MUST NOT EXCEED THREE (3) MINUTES (UP TO ONE (1) MINUTE FOR YOUR INTRODUCTION AND UP TO TWO (2) MINUTES FOR YOUR PERFORMANCE). These time limitations apply individually to each section, not cumulatively. Thus, any unused time for either the Introduction or Performance portions of the Video cannot be “saved” for the other portion of the Video.

 

Limit of one (1) Entry per person/WDIG member account/Facebook account/email address regardless of method of Entry and/or whether Entrant chooses to enter the Public Competition or Private Competition or enter as a Comedian or Actor .

 

To summarize: an Entrant must make three (3) decisions in conjunction with their Contest Entry: (1) whether to enter as an Actor or Comedian; (2) whether to enter the Public Competition or the Private Competition; and (3) whether to submit their Entry via www.abcmakeastar.com or www.facebook.com/abcegcasting.

 

2C. Additional Video Requirements:

(i) Video* must be an original submission created for this Contest.

(ii) DO NOT COPY OTHERS’ WORKS. If entering as an Actor, “original” refers to your reading and interpretation of the script, as well as the content of your Introduction.

(iii) Video must be in English.

(iv) Video may not include any music.

(v) Video must not violate any law or regulation.

(vi) Video (including your Introduction and your answer to a Question) must not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to rights of copyright, trademark or patent, or rights of publicity or privacy.

(vii) Video must not be defamatory, slanderous, libelous, obscene or indecent; Video may not portray any person in a false light.

(viii) Avoid the use of profanity in your Video.

(ix) Video must not have been submitted in any other competition or contest or widely distributed, disseminated or publicized (as determined by Sponsor in its sole discretion).

(x) Video must not contain any virus, bugs, or other deleterious material.

 

In addition to the foregoing requirements, Entries may not contain, and Sponsor and Contest Administrator, in their sole discretion, may disqualify and/or remove any Entry that: (1) is sexually explicit or suggestive, indecent, obscene or offensive, derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contains nudity, contains hate speech or drug usage; (2) promotes any particular political agenda or message; (3) disparages Sponsor or any other party; (4) contains or promotes illegal conduct; (5) contains any copyrighted materials owned by others or infringes on any third party’s rights; or (6) is otherwise inappropriate, objectionable, or unsuitable for the uses contemplated in these Official Rules, as determined by Sponsor in its sole discretion.

 

*For the avoidance of doubt, as used herein, “Video” refers to the content of the Video (e.g., the Introduction and Performance of the Script or presentation of the comedic material), as warranted by the context.

 

2D. Video Formatting Requirements:

(i) Video must be no more than three (3) minutes in length with up to one (1) minute for the Introduction and up to two (2) minutes for the Performance.

(ii) Video must be in one (1) of the following formats: MOV, AVI, MPEG, MPG, MP4, FLV, M4V, WMV, or 3GP.

(iii) Video resolution must be no lower than 400x300.

(iv) Video file cannot exceed 2,000MB in size.

 

2E. Additional Entry Restrictions:

(i) Partial or incomplete/piecemeal submissions (e.g., submission of registration without Video; submission of Video without registration) will NOT be accepted.

(ii) No group/club/business/organization entries.

(iii) No joint entries; a single individual must be identified as the Entrant submitting a Video.

(iv) Registration information must be manually key-stroked. Use of automated devices or programs for purposes of registration/entry is prohibited.

(v) Once submitted, Video cannot be modified by Entrant or supplemented by Entrant.

(vi) Receipt of Entries will not be acknowledged, nor will Entries be returned.

 

Without any limitation of the Contest Websites’ Terms of Use, each Entrant further expressly acknowledges that Sponsor does not owe him/her a duty of confidence (or fiduciary duty or the like) with regard to his/her Entry/Video and that Sponsor has wide access to ideas, brand names and tag lines, photos, videos, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/brand names/tag lines/photos/videos/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the Entry/Video submitted by Entrant and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith.

 

Sponsor, Contest Administrator and the other “Released Parties” (as defined below) will not be responsible or liable for any inability to view a Video due to any technical difficulty, malfunction or failure of any kind.

 

By submitting an Entry, each Entrant represents and warrants that: (a) he/she has all rights in and to the Entry and that submitting the Entry and granting the rights granted herein will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (b) he/she has the written consent of their off-camera Reader (if Entrant enters as an Actor) or the videographer (if other than Entrant) granting the Entrant the right to include such person in the Video (if applicable) and consenting to the submission and use of the Entry in the Contest and to its use as set forth herein.

 

Sponsor reserves the right to request written proof of these permissions in a form acceptable to Sponsor from any Entrant at any time. Failure to provide such proof, if requested, may result in disqualification, at Sponsor’s sole discretion. Without limiting the foregoing, all potential finalists must furnish proof of such consents in a form satisfactory to Sponsor as a condition of being confirmed as a finalist as set forth in Section 5 below. Should a potential finalist fail to furnish such proof in a form acceptable to Sponsor, Entrant/potential finalist understands and agrees that he/she will be disqualified from being a finalist and will forfeit the opportunity to possibly win the Grand Prize.

 

By entering the Contest, each Comedian Entrant agrees not to further publish, distribute or otherwise disseminate their Entries in any medium until the conclusion of the Contest Period (i.e., August 30, 2013).

 

By entering the Contest, each Actor Entrant agrees not to further publish, distribute or otherwise disseminate their Entries in any medium at any time.

 

An Entry which violates any of the requirements set forth above may be disqualified at the Sponsor or Contest Administrator’s sole discretion.

 

Sponsor makes the final determination as to which Entries are eligible to take part in this Contest.

 

3. Grant of Rights: Without limiting any of the rights granted pursuant to the Contest Websites’ Terms of Use, by entering this Contest, each Entrant irrevocably grants to Sponsor a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, create derivative works based upon, perform and otherwise exploit such submission, in whole or in part, in all media formats and channels now known or hereafter devised (including on WDIG sites, on third party web sites, on Sponsor’s broadcast and cable networks and stations, on Sponsor’s broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice, with or without attribution, and without the requirement of any permission from or payment to the Entrant or to any other person or entity.

 

Without limiting the foregoing, the above grant of rights includes Sponsor’s right (but not obligation) to display any Videos, or portions thereof (including without limitation, an Entrant’s Introduction and answer to a Question), from either the Public or Private Competitions, at any time during the Contest Period in its sole discretion. By submitting an Entry, each Entrant further agrees that (a) their Video may or may not be posted by Sponsor in its sole discretion and that Sponsor shall have no liability in conjunction with the failure to post their Video and (b) if Sponsor chooses to display their Video or any portion thereof, such posting is FOR ENTERTAINMENT/INFORMATIONAL/ILLUSTRATIVE PURPOSES ONLY and, as such, has no bearing on and is no indication of the selection of finalists or the prize winners in the Contest.

 

Without limiting the foregoing and the Contest Websites’ Terms of Use, by entering this Contest, each Entrant irrevocably grants to Sponsor the perpetual right to edit, supplement or modify the Entry in any way Sponsor may determine and for any reason, including but not limited to, in order to broadcast the Entry on-air or online, incorporating or appending tune-in messaging and/or messaging from Sponsor’s commercial advertisers, for creative reasons, for time, for technical reasons, to comply with Sponsor’s standards and practices, or in order to convert the Entry into a broadcast-quality video and potential on-air broadcast.

 

By submitting an Entry, and to the full extent permitted by law, each Entrant grants Sponsor and its designees the right to use his/her Entry, name, biographical information, voice, performance, photograph/video, life story, image and/or likeness for programming, advertising, publicity and promotional purposes (including, without limitation, in connection with ABC or its sponsors) in any and all media, now or hereafter known, worldwide and in perpetuity, without compensation or additional consents and without prior notice, approval or inspection, and to execute specific written consent to such use if asked to do so.

 

Such Grant of Rights will be confirmed by each potential finalist and/or entrant upon Sponsor’s request and potential finalists/entrants agree to sign any and all necessary confirming documents without compensation of any kind (other than potential receipt of the prize). See Section 4 below for winner selection process.

 

3A. Talent Agreement Prize: By submitting an Entry and in consideration of ABC’s consideration of Entrant’s Entry in the Contest, each Entrant agrees to the following:

 

As part of my Contest Entry, and for a period of time beginning at the instant I submit my Contest Entry through and including 11:59 p.m. PT on August 30, 2013 (i.e., the Contest Period), I hereby grant to ABC the right to enter into a talent option or talent holding agreement with me, as applicable, pursuant to the terms set forth below. Should ABC elect either option, I agree to enter into such agreement in the form of ABC’s standard Talent Option Agreement or Talent Holding Agreement (as applicable) (hereinafter, collectively “Talent Agreement”). I understand and agree that if I am declared a Grand Prize Winner of either the Public Competition or the Private Competition, then ABC will be deemed to have automatically (upon my being announced the winner and upon verification of eligibility) entered into the Talent Agreement with me. I hereby warrant and represent that as of the date of my Entry, I have not entered into nor will I enter into any contract or arrangement which may prevent me from granting the rights which may be required of me hereunder.

 

Public Competition Grand Prize Winner: If declared the Public Competition Grand Prize Winner (subject to verification of eligibility and execution of all required documentation), I will be paid Ten Thousand Dollars ($10,000), which shall constitute payment under the Talent Option Agreement for a six (6) month option period (the “Initial Option Period”). I also agree that the Talent Option Agreement will allow ABC to extend the Initial Option Period for an additional six (6) months (the “Extended Option Period”) by providing written notice to me prior to the expiration of the Initial Option Period and paying me an additional Ten Thousand Dollars ($10,000). The Initial Option Period and the Extended Option Period shall be collectively referred to herein as the “Option Period.”

 

Public Competition Entrants: If I am an Entrant in the Public Competition, ABC may exercise its right to enter into a Talent Option Agreement with me at any time during the Contest Period by written notice to me accompanied by payment to me of Ten Thousand Dollars ($10,000), at which point I will agree to remove my Entry from consideration in the Public Competition and understand that I will no longer be eligible for a prize.

 

If ABC enters into a Talent Option Agreement with me, then the following shall apply:If, during the Option Period, I receive a third party firm offer for employment as a performer in any media, I shall, prior to accepting any such offer, give prompt written notice to ABC of such offer, together with a description of the services to be rendered and the dates of such employment. ABC shall have five (5) business days within which ABC may either: (i) cast me in a program under the Talent Option Agreement; (ii) convert the Talent Option Agreement into a Talent Holding Agreement (by paying to me the minimum amount required by the applicable guild agreement, if any, for such talent hold); or (iii) permit my acceptance of such other offer. If ABC does not elect (i) or (ii) above and I accept such third party offer, ABC will be in second position to such services until completed. Once such services are completed and provided the Option Period has not expired, ABC shall once again be in first position for my performing services pursuant to the Talent Option Agreement. For the remainder of the Option Period, I shall continue to be obligated to submit each subsequent third party offer, if any, to ABC, which shall have the same three choices set forth above in each instance.

 

Private Competition Grand Prize Winner: If declared the Private Competition Grand Prize Winner (subject to verification of eligibility and execution of all required documentation, I will be paid Twenty-Five Thousand Dollars ($25,000), which shall constitute payment under the ABC Talent Holding Agreement for a twelve (12) month consecutive hold period, as that term is customarily understood in the entertainment industry (the “Hold Period”).

 

Private Competition Entrants: If I am an Entrant in the Private Competition, ABC may exercise its right to enter into a Talent Holding Agreement with me at any time during the Contest Period by written notice to me accompanied by a payment of Twenty-Five Thousand Dollars ($25,000), at which point I will agree to remove my Entry from consideration in the Private Competition and understand that I will no longer be eligible for a prize.

 

Rights Granted to ABC: By entering into a Talent Agreement with ABC, I understand that I will grant ABC, among other things, the irrevocable right and option (but not the obligation), during the Option Period or Hold Period (as applicable), to place me as a performer into a project in any media (e.g., television series, variety show, reality show, internet series, feature film, etc.), and in the case of Talent Option Agreement, either place me into a project or convert the Talent Option Agreement into a Talent Holding Agreement. I understand that I may not enter into any other talent option/hold type of agreement or any talent performer agreement (or other similar type of performer agreement) with any other person or entity during the Contest Period and, if applicable, the Option Period or Hold Period, except as provided for herein.

 

Test Option Agreement: The Talent Agreement, should ABC choose to enter into such agreement with me, will have ABC’s standard Test Option Agreementattached to it as an exhibit. The Test Option Agreement will contain the terms and conditions that will become effective should ABC cast me into a project under the Talent Agreement. If I am cast by ABC for a dramatic program made for either network prime-time or high budget cable television, then no less than the following performer fees will be inserted into the Test Option Agreement.

 

Program TypeType of RoleFee
     

Pilot up to 60 Minutes in Length with Series hold through June 30, 2014

 

Lead or Co-Lead

Ensemble

$15,000

$10,000

 

 

 

To extend Hold through September 30, 2014

 

Lead or Co-Lead

Ensemble

$7,500 per episode

$5,000 per episode

 

 

 

To extend Hold through December 31, 2014

Lead or Co-Lead

Ensemble

$7,500 per episode

$5,000 per episode

 

 

 

Series / First Production Year

Lead or Co-Lead

Ensemble

$15,000 per episode

$10,000 per episode

 

 

 

Series / Subsequent Years

All Roles

4% cumulative annual escalations (starting with episode 23)

 

 

 

Movies for Television / Mini-Series / Special Event Programs

Lead or Co-Lead

Ensemble

Subject to good faith negotiations within ABC’s customary parameters for performers of Entrant’s stature in the entertainment industry

 

 

 

Series / Episodic Guest Performer

Co-Star or Guest Star Role

Applicable guild minimum

 

 

If I am cast for any other type of program (e.g., variety show, reality show, internet series), the applicable SAG/AFTRA minimum scale rates shall apply, if any.

 

Talent Agreement Additional Terms and Conditions : If ABC chooses to enter into a Talent Agreement with me, I understand that except for the provisions enumerated above, the terms and conditions of such agreement(s) will be negotiated in good faith within ABC’s customary parameters for performers of my stature in the entertainment industry. To the extent allowed by the applicable guild, all payments, including residuals, made under the Talent Agreement shall be 100% credited (or deemed pre-paid) against any compensation paid thereunder, if any, and vice versa. All payments set forth above may be subject to withholding, taxes and guild fringe payments, if and as applicable. To the extent any of the payments enumerated above are less than the minimum amounts required by the applicable guild for services rendered or rights obtained, then ABC reserves the right to pay the difference between such amount and the minimum required amount while maintaining all rights hereunder. To the extent that ABC may legally require me to do so, I agree to become and/or remain a member in good standing of the SAG/AFTRA and as required by the applicable guild agreement.

 

Assignment : ABC shall have the right to assign, license, delegate, lend or otherwise transfer a Talent Agreement, in whole or in part, or the results and proceeds of my services, or any or all of ABC rights, obligations, options or privileges hereunder, to any entity whatsoever; it being understood and agreed that ABC will remain secondarily liable for any such assignee's obligations hereunder unless (i) such assignee is a U.S. television network, a major or mini-major studio, a television or theatrical production or distribution company, a company controlled by or affiliated with ABC, or a purchaser of ABC or substantially all of its assets, and (ii) such assignee assumes all of ABC’s obligations to me in writing, in which event ABC will be relieved of all obligations under the Talent Agreement.

 

Talent Agreement Documents: Finalists in both the Public and Private Competition will be provided with a copy of ABC’s standard Talent Option Agreementor Talent Holding Agreement (as applicable) for review, a five (5) business day good faith negotiation period and executionas part of the Finalist Documents (as defined below). Execution and timely return of these items is mandatory to become a finalist. Additionally, during the Entry Period, any Entrant may request a copy of the applicable Talent Agreement by sending a request to the following email address: abcmakemeastar@gmail.com.

 

4. Judging : Regardless of any Entrant’s method of entry, all Entries will be divided into two (2) pools – Public Competition Entries and Private Competition Entries. Within each of these two (2) pools, all Entries (whether Actor or Comedian Entries) will all be judged against each another.

 

Private Competition Entries will be judged as follows:

 

Initial Private Review: All Private Entries will be judged by the Judging Panel to determine up to ten (10) Private Finalists, subject to verification of compliance with these Official Rules, and execution of the Finalist Documents set forth below, based on the following three (3) equally weighted criteria: (A) Quality of Performance; (B) Creativity; and (C) Originality. Sponsor reserves the right to advance fewer than ten (10) Private Finalists for the Private Finalist Review if, in its sole discretion, it does not receive a sufficient number of eligible Entries of sufficient quality and/or Sponsor is unable to verify all ten (10) Private Finalists during the judging/finalist confirmation period.

 

Private Finalist Review: The up to ten (10) Private Finalist entries will be judged by the Judging Panel, who will determine the Private Grand Prize winner by also applying the following two (2) criteria to the judging, in addition to the earlier stated criteria: (A) Technical Skill Set; and (B) Potential Star Quality. All judging criteria will be equally weighted.

 

Public Competition Entries will be judged as follows:

 

Initial Public Review: All Public Entries will be judged by the Judging Panel to determine up to ten (10) Public Finalists, subject to verification of compliance with these Official Rules, and execution of the Finalist Documents set forth below, based on the following three (3) equally weighted criteria: (A) Quality of Performance; (B) Creativity; and (C) Originality. Sponsor reserves the right to advance fewer than ten (10) Public Finalists for the Public Finalist Voting if, in its sole discretion, it does not receive a sufficient number of eligible Entries of sufficient quality and/or Sponsor is unable to verify all ten (10) Public Finalists during the judging/finalist confirmation period.

 

Public Finalist Voting: During the Voting Period, the ten (10) Public Finalist Videos will be posted on both Contest Websites for public voting to determine the public Grand Prize winner. You must have a Facebook account to vote from either Contest Website. If you do not have a Facebook account, you can sign up for an account for free at www.facebook.com. Limit of one (1) vote per person per day during the Public Voting Period. Each person may submit only one (1) vote per day regardless of how many Facebook accounts or email addresses he/she may have. Multiple or mass votes in excess of the stated limitation will be voided.

 

Public Finalists are prohibited from obtaining votes for their Public Finalist Entries/Videos by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion.

 

Subject to verification of eligibility and compliance with these Official Rules, the Public Finalist whose Public Finalist Entry/Video receives the highest number of valid votes (as tabulated by Sponsor) will win the Public Grand Prize. If the potential Public Grand Prize winner is disqualified for any reason, the Public Finalist whose Public Finalist Entry/Video received the next highest total of valid votes in the Public Finalist Voting phase of the Contest will be the potential Public Grand Prize winner.

 

In the event of a tie in the Public Voting Period, the Public Grand Prize winner will be selected by the Judging Panel from among the tied Public Finalist Entries/Videos, based on the judging criteria set forth above in the Initial Public Review.

 

Use of script, macro or any automated system to vote or with the intent to impair or subvert the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right to disqualify any votes in its sole discretion to preserve the integrity and fairness of the Contest.

 

In the event of a tie in either the Initial Private Review, Private Finalist Review or Initial Public Review rounds of judging, the Entry from among all such tied Entries with the higher/highest score in the “Quality of Performance” criterion will advance in the Contest (or will be the potential prize winner, in the case of the Private Finalist Review).

 

Relative to the posting of an Entrant’s Entry/Video (including but not limited to the posting of a Public Finalist’s Entry/Video), each Entrant further acknowledges and agrees that: (a) while Sponsor will seek to accurately present his/her Entry/Video on the web site, the Entries/Videos as posted online may differ from the Entries/Videos as originally submitted by Entrant due to technological malfunction/error/defect/limitation/modifications and Sponsor shall have no liability related thereto; and (b) Sponsor may post Entries/Videos, or portions thereof, in any order, format or pattern, at its sole discretion, and such order/format/pattern may or may not be varied by Sponsor in its sole discretion. Entrants further agree that (a) their Entries/Videos may or may not be posted by Sponsor in its sole discretion and that Sponsor shall have no liability in conjunction with the failure to post their Entries/Videos and (b) if Sponsor chooses to display their Video or any portion thereof, such posting is FOR ENTERTAINMENT/INFORMATIONAL/ILLUSTRATIVE PURPOSES ONLY and, as such, has no bearing on and is no indication of the selection of finalists or the prize winners in the Contest. Entrants should also review “Additional Information About Posting of Public Finalist Entries” below./o:p>

 

Additional Information About Posting of Entries: FOR ALL POSTED ENTRIES/VIDEOS, THE ENTRIES/VIDEOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR OR ITS RELATED ENTITIES AND PERSONS IN ANY MANNER.

 

5. Finalist Notification & Verification: On or about the period between July 22 – August 2, 2013, potential finalists in both the Public and Private Competitions (each, a “Finalist”) will be notified by e-mail and/or phone using the contact information provided by the Entrant at the time of entry (the “Initial Notification”). Potential Finalists will have seventy-two (72) hours to respond to the Initial Notification. Once a potential Finalist responds to the Initial Notification, he/she will be provided with an Affidavit of Eligibility, Release and Indemnification, Grant of Rights, a Publicity Release, either the Talent Option Agreement (if an Entrant in the Public Competition) or the Talent Holding Agreement (if an Entrant in the Private Competition) as well as any other documents Sponsor may require (including without limitation, release from the Entrant’s Reader, if and as applicable) (collectively, “Finalist Documents”), which each potential Finalist will be required to sign and return.

 

Each potential Finalist will have five (5) business days from the date of transmission of the Finalist Documents to execute and return the Finalist Documents. Execution and timely return of these items is mandatory to become a Finalist. Finalists are encouraged to consult with legal counsel in reviewing and executing the Finalist Documents.

 

As a condition of becoming a Finalist, each Entrant selected as potential Finalist must meet the following requirements and failure to do so may result in disqualification in Sponsor’s sole discretion: (A) potential Finalist’s failure to respond to the Initial Notification within seventy-two (72) hours from time of Initial Notification; (B) the return of any email notification as undeliverable after three (3) attempts; (C) potential Finalist’s failure to provide Sponsor with satisfactory proof that he/she is the person identified in the Entry; (D) potential Finalist’s failure to execute and return any of the Finalist Documents within five (5) business days of transmission of such documents to potential Finalist; and (E) any other non-compliance with these Official Rules. If potential Finalist is disqualified for any reason, he/she will forfeit the opportunity to possibly win the applicable Grand Prize; Sponsor shall have no liability to such disqualified individual and the next highest ranked Finalist Entry/Video (in the Public Competition portion or the Private Competition portion of the Contest, as applicable) will be deemed a potential Finalist.


 

6. Prizes:

 

Public Competition Grand Prize (1 winner): The Public Competition Grand Prize Winner, subject to verification of eligibility, will receive a 6-month $10,000 Talent Option Agreement with ABC as set forth in Section 3A.

 

Private Competition Grand Prize (1 winner): The Private Competition Grand Prize Winner, subject to verification of eligibility, will receive a one (1) year $25,000 Talent Holding Agreement with ABC as set forth in Section 3A.

 

In the event of any inconsistency between these Official Rules and the applicable Talent Agreement, the Talent Agreement shall prevail, govern and control only with respect to the Grand Prize Winner’s rights and responsibilities in conjunction with the applicable Grand Prize; in all other cases, these Official Rules shall prevail, govern and control. Any costs and incidentals not specified herein or in the applicable Talent Agreement are each Grand Prize Winner’s sole responsibility.

 

7. Conditions of Participation: By entering this Contest, Entrants agree to be bound by and abide by these Official Rules and the decisions of all judges, Sponsor and Contest Administrator, which are binding and final in all matters relating to this Contest. Sponsor and Contest Administrator will not be responsible for late, lost, incomplete, illegible, damaged, garbled or misdirected Entries/Videos/materials/votes. Winners are not entitled to exchange or transfer prizes or to obtain cash or other substitutes, except Sponsor reserves the right to substitute prize of equal or greater value if a prize listed is unavailable for any reason. All federal, state and/or local taxes are the sole responsibility of the prize winner. Public and Private Grand Prize Winners will receive an IRS Form 1099 or equivalent tax form reflecting the value of their prize. If, for any reason, the Contest is not capable of running as planned, including but not limited to due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest. If the Contest is so affected, Sponsor will conduct the judging and award the Grand Prize(s) for affected portion(s) of the Contest in a manner deemed fair, equitable and in accordance with the spirit of these Official Rules as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on the Contest Websites. Sponsor may take any and all actions deemed necessary in its sole discretion to protect its rights (including disqualification of Entries/Videos/votes) if Sponsor determines that Entries/Videos/votes have been affected or were the result of tampering with the entry process or violations of these Official Rules or disruptive or abusive actions. Entrant further agrees not to knowingly damage or cause interruption of the Contest and/or prevent others from using the Contest. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY TAKE ANY AND ALL ACTIONS DEEMED APPROPRIATE BY SPONSOR (INCLUDING POSSIBLE DISQUALIFICATION OF ENTRANT) AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Entries/Videos/votes; errors, defects or omissions in the advertisement or offering of this Contest; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or electronic Entry/Video/vote to be received on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, including any injury or damage to Entrant or any other person’s computer related to, or resulting from, participation in or downloading or uploading any materials for this Contest. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision. If any provision of these Official Rules shall be invalid or unenforceable due to any law, said provision shall be modified to the minimum extent necessary to effect compliance with such law, and in any event such invalidity or unenforceability shall have no effect upon the remaining terms and conditions hereof.

 

8. Waiver/Release of Rights: By entering or participating in the Contest, each Entrant agrees to release, discharge and hold harmless American Broadcasting Companies, Inc., Contest Administrator, ThisMoment, Facebook, each of their respective parent, subsidiary, related and affiliated companies, advertising and promotional agencies and prize suppliers, and each of their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from any and all claims, liabilities, losses and damages, including but not limited to negligence and damages of any kind to persons and property, including but not limited to death, personal injury, defamation, slander, libel, violation of right of publicity, invasion of privacy (be it misappropriation, portrayal in a false light, intrusion and/or public disclosure of private facts) or intentional infliction of emotional distress, arising out of or in connection with an Entrant’s entry or attempted entry into and/or participation in the Contest, Contest judging and rules interpretations (including disqualification determinations), any finalist or prize notification, the acceptance, possession, use or misuse of any prize, including any travel or activity related thereto, the acceptance or use of any prize, the substitution of any prize or any of the Released Parties’ use of any of the rights granted to Sponsor or Released Parties in connection with the Contest. All federal, state and local laws and regulations apply.

 

9. Indemnity: By entering or participating in the Contest, each Entrant irrevocably and unconditionally agrees to indemnify, defend and hold harmless each of the Released Parties from and against any and all liability, claims, loss, damage, penalty, injury or expense, including reasonable attorneys’ fees and costs, of any kind or nature whatsoever, by whomever asserted arising out of or in connection with: (A) participation in the Contest or activities associated with the Contest, whether occurring before, during or after actual participation in the Contest; (B) a breach or alleged breach of any representations, warranties or obligations made or undertaken by Entrant; (C) Released Parties’ (individually or collectively) use or failure to use any of the rights granted in connection with the Contest; (D) any statement, action or omission of an Entrant during or in connection with the Contest or resulting directly or indirectly from the Contest (whether before, during or after actual participation in the Contest); and/or (E) acceptance, possession, or use of any prize.

 

10. Disputes; Arbitration/Choice Of Law: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and entrant hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.

 

11. Sponsor : American Broadcasting Companies, Inc., 500 S. Buena Vista St., Burbank, CA 91521.

 

12. Contest Administrator: LeadDog Marketing Group, 159 West 25th Street, 2nd Floor, New York, NY 10001.

 

13. Names of Prize Winners: For the names of the prize winners, mail a self-addressed, stamped envelope to: ABC Make Me A Star Contest Winners, c/o LeadDog Marketing Group, 159 West 25th Street, 2nd Floor, New York, NY 10001. Requests received after 9/30/13 will not be honored.

 

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to ABC and not to Facebook. Any questions, comments or complaints regarding the promotion are to be directed to ABC, not to Facebook.