Thursday, April 5, 2007

American Idol Songwriter’s Contestant Agreement - The Fine Print

CONTESTANT AGREEMENT

Introduction

The American Idol television series (“the Series”) is owned by 19 TV Limited (“19 TV”) and Fremantle Media North America Inc. The Series is in its sixth season – American Idol 6. 19 TV selects the songs to be performed by the contestants on the Series. 19 TV’s parent company, 19 Entertainment Limited, (“19 Entertainment”) is conducting a competition to find a new song for the winner of American Idol 6 to perform on the Series and to release as a commercial recording. This agreement sets out the terms upon which you may enter and participate in the American Idol Songwriter Competition (“the Competition”). In consideration of 19 Entertainment accepting you as a contestant in the Competition you agree to the terms set out in this agreement.

Eligibility requirements

Age – You (and each Co-Writer) must be at least 18 years old on 1 March 2007. You (and each co-writer) will be required to produce proof of your identity and age upon request.

Citizenship – You (and each Co-Writer) must be a United States citizen or a legal permanent resident of the United States.

Free to contract – You (and each Co-Writer) must not be party to a current exclusive song-writing agreement and your song must not be the subject of any existing music publishing agreement.

Your Song – Your song must consist of music and lyrics. The music and lyrics must both be 100% written by you (and your co-writers if any) and be original works. The music and lyrics of your song are together called “the Song”. You may only enter one Song.

Not Allowed To Enter – You are not allowed to enter the Competition if you or any of the Co-Writers are: employees or officers of 19 Entertainment, 19 TV, CKX Inc or any other company or corporation in the 19 or CKX Inc groups of companies; employees or officers of Fremantle Media North America, Inc, Fox Broadcasting Company or of any other company or corporation in the Fremantle Media or Fox groups of companies; employees or officers of AKQA or of any other company or corporation in the AKQA group of companies; or an immediate family member (spouse, mother, father, sister, brother, daughter or son) of or living in the same household (whether related or not) as anyone referred to in (a) (b) or (c) above.

The Competition

In order to enter the Competition you must: follow all registration requirements on the Competition’s website, including accepting the terms of this Agreement; submit one Song for entry into the Competition by sending a demonstration recording of the Song in MP3 or other acceptable format (“the Recording”) to the Competition website and a copy of the lyrics of the Song in WORD, PDF or other acceptable format (“the Lyric Sheet”); and pay the entry fee of US$10, which is non returnable.

By entering the Competition you grant to 19 Entertainment the following irrevocable rights throughout the World: the right to copy and store the Song, the Recording and the Lyric Sheet in any and all media; the right to copy and reproduce the Song, the Recording and the Lyric Sheet in any and all media for the purposes of the Competition (as defined below); the right to publicly perform the Song and the Recording in any and all media for the purposes of the Competition; the right to record and authorise others to record the Song for the purposes of the Competition; the right to synchronise the Song and the Recording with visual images for the purposes of the Competition; the right to use your name, likeness and biographical information and those of each Co-Writer for the purposes of the Competition; and the right to authorise others to do any or all of the above.

The expression “for the purposes of the Composition” referred to in 3.2 above includes: copying, reproduction, public performance and use on the Competition website, AmericanIdol.com and any other website associated with the Competition or the Series (such as a Sponsor’s website); use in advertisements, commercials and other promotions (whether in or out of context) for the Competition; recording the Song and authorising others to record the Song; and embodying the Song and recordings of the Song (including the Recording) in television programmes (including episodes of the Series) or other audio-visual productions synchronised with visual images for exploitation in any and all media and in advertisements and promotions for such television programmes or other audio-visual productions.

The Competition will comprise the following elements:

19 Entertainment will select twenty (20) songs from those entered to go forward for public voting on the Competition website. 19 Entertainment’s decision on the selection of the twenty songs (“the Top 20 Songs”) will be final; the public will be invited to vote to select the winning song from the Top 20 Songs. This vote will be either by voting on the Competition website or by a telephone vote; the winning song will be the song receiving most public votes.

If the Song is selected by 19 Entertainment as one of the Top 20 Songs, you (and all Co-Writers) will be required to enter into a further agreement with 19 Entertainment (“the Publishing Agreement”) as a condition of you continuing in the Competition. The Publishing Agreement will grant to 19 Entertainment (or its publishing designee) the exclusive right to publish the Song (but not any other music or lyrics you may have written) for a period of ten (10) years in return for an advance to you of $10,000 against a royalty to you of 75% ‘at source’ worldwide.

If the Song is not selected by 19 Entertainment as one of the Top 20 Songs the Song will be held in reserve should the Writer of any of the Top 20 Songs fail to enter into the Publishing Agreement. If the Song is not used as a reserve no use of the Song or Recording will be made, but the Song , the Recording and the Lyric Sheet you submitted will be stored by 19 Entertainment.

If the Song wins the Competition, it will be recorded by the winner of American Idol 6, performed at the finale of American Idol 6 and released as a commercial recording for sale to the public in compact disc and electronic formats. You (and any of your Co-Writers) will receive royalties pursuant to the Publishing Agreement for all commercial exploitation of the Song (other than for use of the Song for the purposes of the Competition).

Co-Writers

If the Song is written by you together with one or more others (“Co-Writers”), you confirm that you have the authority of the Co-Writers to enter into this Agreement on their behalf. If the Song is selected as one of the Top 20 Songs you and all your Co-Writers will be required to confirm in writing that you and all Co-Writers are bound by this Agreement, failing which the Song will be replaced in the Top 20 and excluded from the Competition.

The Recording

You confirm that the Recording is owned 100% by you and any Co-Writers and that you have the right to grant to us all rights in the Recording set out in this Agreement. If you do not perform on the Recording or are not the only performer on the Recording you confirm that you have all necessary consents and permissions to make and exploit the Recording.

General Terms

The Competition is a winner-take-all competition. There will be no consolation prizes except as 19 Entertainment may otherwise determine in its sole discretion.

Contestant collusion is prohibited. Any contestants found conspiring or colluding with another contestant will be ejected from the Competition.

All decisions regarding the Competition, including but not limited to rules, eligibility, song selection, voting methods, voting results, disqualification determinations and the awarding of prizes are at 19 Entertainment’s sole and exclusive discretion, are final, binding and are not subject to challenge or appeal. 19 Entertainment reserves the right to disqualify contestants from the Competition for any reason in its sole discretion. 19 Entertainment is the sole judge of the outcome of each round of the Competition and 19 Entertainment’s decision is final and binding and not subject to challenge or appeal.

19 Entertainment may at any time and in its sole discretion, add or subtract a round of competition from the Competition; and/or determine the method of voting to be used for such additional round(s). 19 Entertainment may at any time and in its sole discretion reinstate into the Competition a song which had previously been eliminated.

By entering the Competition you accept and agree to be bound by this Agreement and by the decisions of 19 Entertainment which decisions shall be final and binding on all matters relating to all aspects of the Competition. The rules of the Competition are subject to change at any time for any reason, with or without notice, in 19 Entertainment’s sole discretion, and such changes shall not be subject to challenge or appeal.

You (and each Co-Writer) agree to release, hold harmless and indemnify 19 Entertainment, Fremantle Media North America Inc., Fox Broadcasting Company, AKQA, all production personnel, participating television stations, and their respective parents, affiliated and subsidiary companies, affiliates, advertisers, and their respective officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all liabilities, claims, actions, damages, expenses and losses of any kind arising from or relating to the Song, the Recording, or any statement or action or omission in connection with your participation in the Competition, any related television programme and/or the making, taping, use, editing, distribution, exhibition, licensing, advertising, promoting, broadcast and/or webcast of such programme.

You understand and agree that all publicity in connection with the Competition is under the sole control of 19 Entertainment. You agree to consult with 19 Entertainment regarding any and all publicity (including, but not limited to, television, radio and print interviews) in connection with your involvement with the Competition and shall not perform or consent to perform any publicity without prior written approval of the 19 Entertainment.

You agree to treat all information and material that you receive or acquire during your participation in the Competition as strictly confidential and not to disclose any such information to any third party.

19 Entertainment reserves the right to set limits on, among other things, the duration of the voting period and the number of votes that may be made per telephone number or individual per voting period.

All decisions regarding technical difficulties or mechanical failures in connection with the Competition (including any such difficulties or failures with the internet or telephone voting systems to be used by the public) will be determined by 19 Entertainment in its sole discretion and shall be final and binding on you. If a technical difficulty, mechanical failure, human error or other possible irregularity affecting the Competition occurs during the Competition, 19 Entertainment will review the situation on a case-by-case basis and take appropriate action to preserve the fairness and integrity of the Competition. If 19 Entertainment, in its sole discretion, determines that technical difficulty, mechanical failure or human error has corrupted the Competition, 19 Entertainment may take any remedial step including, without limitation, repeating a round of the Competition and/or any other measure 19 Entertainment in its sole discretion, deem necessary and/or appropriate.

This Agreement shall be governed by the Laws of England. you and 19 Entertainment agree that the High Court of Justice in England is the exclusive court of jurisdiction in relation to this Agreement.

You acknowledge that you have read and fully understood this Agreement and agree to abide by its terms.

REFUND POLICY

The registration fee for American Idol Songwriter 2007 is ten dollars. This registration fee is non-refundable once you submit your transaction. If payment is rejected or does not clear for any reason, 19 Entertainment and American Idol Songwriter reserve the right to refuse registration and entry to the American Idol Songwriter 2007 contest.

If you have any questions, please send an email to Songwriter.Contest@19.co.uk.

I agree to the contestant rules and regulations of American Idol

Songwriter

 

 

Posted by InterNetics eMagazine at 16:49:57
Comments

One Response to “American Idol Songwriter’s Contestant Agreement - The Fine Print”

  1. I envy you,and i admire your artile very much.

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