Audition Details

MUSIC MOGUL INC - OFFICIAL CONTEST RULES
Please read these rules before entering the Music Mogul Inc Contest (“Contest”). This Contest is intended to identify the next music superstar. By submitting an Entry, you acknowledge that (a) you have read and agree to be bound by these Official Rules and the Terms of Use set forth in the Music Mogul Inc website, (b) you agree to abide by the decisions of Music Mogul Inc and the Judges of the Contest, (c) you satisfy all eligibility requirements and (d) your Entry is your own original creation and complies with the representations and warranties regarding such content in these Official Rules and the Music Mogul Inc website’s Terms of Use.

   1.ELIGIBILITY.   
The Contest is open to Entrants 13 years or older at time of the entry unless such entry is prohibited in the jurisdiction of entrant’s residence. ANY ENTRANT WHO IS UNDER THE AGE OF 18 MUST HAVE A PARENT (BOTH PARENTS WHERE REQUIRED BY LAW) OR LEGAL GUARDIAN MAKE THE SUBMISSION AND AGREE TO THESE OFFICIAL RULES TO ENTER. The Contest is not open to any group or individual who is currently under contract with a recording company or music production entity. The Contest is also not open to employees, independent contractors, or immediate family members (spouses, domestic partners, parents, grandparents, siblings, children, and grandchildren) and/or those living in the same household of employees or independent contractors of any sponsor of the Contest or Music Mogul Inc and their respective parents, subsidiaries, affiliates, advisors, or advertising/promotion agencies. THIS CONTEST IS VOID IN ANY JURISDICTION WHERE PROHIBITED. Entries submitted by performers who are represented by an agent are acceptable, provided that performer agrees to comply with these Official Rules and the Music Mogul Inc website’s Terms of Use.

   2.HOW TO ENTER.   
The Contest Submission Period begins August 28, 2009 at 12:01 PM Eastern Time. To enter the Contest, register at http://musicmogul.com and submit a video of an original musical performance of an original musical work using Music Mogul Inc’s website at http://musicmogul.com. Follow the directions on the website. Entries must not have been previously published in whole or in part, sold or distributed through any retail or paid distribution channel and must not contain any content which is owned or copyrighted by any person other than the Entrant. Entries must meet the Terms of Use guidelines found at the Music Mogul Inc website. Entries determined by Music Mogul Inc in its sole and absolute discretion to meet the foregoing requirements will be deemed “Valid Entries.” Music Mogul Inc reserves the right at any time to disqualify any Entry containing obscene, offensive, pornographic, or sexually explicit material, or libelous, disparaging or other inappropriate content or subject matter as determined by the Music Mogul Inc in its sole and absolute discretion. Music Mogul Inc also reserves the right in its sole and absolute discretion to remove any such Entries from its website.

   3.CONDITIONS OF ENTRY.   
All Entries must be the original creations of the Entrants. By submitting an Entry, each Entrant represents and warrants that his/her Entry is his/her original creation, has not been copied in whole or in part from any other work, has not previously been published, does not violate or infringe any person’s copyright, trademark, privacy or publicity right, or other proprietary or intellectual property right of any person or entity, is not defamatory, libelous, obscene, or otherwise illegal and is the sole and exclusive property of the Entrant. Entrant further represents and warrants that he/she has complete worldwide distribution rights for his/her Entry and has not previously entered into any prior agreement that would restrict the rights to the Entry or the Entrants’ ability to create and commercially distribute new music in conjunction with Music Mogul Inc. Music Mogul Inc may disqualify any Entrant and remove any Entries if Music Mogul Inc deems, in its sole and absolute discretion, that the Entrant has not complied at any time with these Official Rules, the Music Mogul Inc Terms of Use or the representations and warranties contained herein.

   4.JUDGING PROCESS.   
Music Mogul Inc’s servers and clock shall be deemed the official clock for the Contest, and Entrants’ proof of submission does not constitute proof of receipt by Music Mogul Inc. Music Mogul Inc is not responsible for (i) lost, misdirected, late, incomplete, or otherwise corrupted Entries or for inaccurate entry information, whether caused by participant or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human or typographical errors that may occur in the processing of entries; or (ii) any printing, production, human or typographical errors in the materials associated with the Contest.    PRELIMINARY ROUND: All properly submitted Entries will be placed into a searchable database on the www.musicmogul.com browser. Registered users of either the virtual world or the website may vote on Entries by rating them on a scale of 1-10, with a score of “10” being the highest possible score. The Preliminary Round shall end at midnight Eastern Time on Wednesday, March 31, 2010 or such other time as designated by Music Mogul Inc in its sole and absolute discretion. Daily and weekly “favorites” may be selected by the community or Music Mogul Inc’s staff to be featured in this database, giving them greater exposure. At all times, the Top 20 Entries shall be listed in the database and viewable to all users in the virtual world, on the website, in the Music Mogul Inc Magazine, and potentially other media that Music Mogul Inc chooses in its sole discretion.  FINAL ROUND:  A minimum of four (4) Entrants will be selected as Finalists (“Finalists”), which number shall be determined by Music Mogul Inc in its sole and absolute discretion. Upon the conclusion of the Preliminary Round, Music Mogul Inc shall notify Entrants by telephone or email that they are potential Finalists. Each such potential Finalist shall execute additional documents and grant of rights as described further below as a condition of their participation in the Final Round. Finalists shall be provided travel to a location in the United States ( (as described below) where they will take part in a filmed contest for this Final Round (“Final Contest”). Each Finalist shall perform original songs, or songs from a list provided by Music Mogul Inc. The winner of this Final Contest shall be selected by a vote by registered users of Music Mogul Inc. Following the posting of the video of the Final Contest in the website and/or virtual world, voting shall open and remain open for a 24-hour period, during which registered users may vote on Entrants’ performances by rating them on a scale of 1-10, with a score of “10” being the highest possible score. Celebrity Judges may be present but will not have any special voting power; they will only be present to give performance advice. The Entrant who attains the highest score in this Final Contest shall be the winner of the Grand Prize as defined below.

   5.PRIZES AND ACCOMODATIONS.    
For the Final Round, Music Mogul Inc shall provide one roundtrip coach ticket for each member of each Finalist (plus one legal guardian for any minors) from a full service commercial airport, in the United States and its territories as well as ground transportation to and from the airport and hotel accommodations in the respective finals city. Hotel accommodations shall be determined by Music Mogul Inc in its sole discretion (single room, double occupancy). Music Mogul Inc shall determine airline and flight itinerary in its sole discretion. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this contest, and those set forth by Music Mogul Inc’s airline carrier of choice. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation to and from departure airport, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of the Finalists. If in the judgment of Music Mogul Inc air travel is not required due to winner’s proximity to the respective city’s ground transportation will be substituted for roundtrip air travel at Music Mogul Inc’s sole discretion.   One (1) Grand Prize will be awarded to the winner of the Final Contest. The Grand Prize shall be a demo contract with a producer to be designated by Music Mogul Inc at its absolute discretion. The designated producer will produce a minimum of one (1) track with the Grand Prize Winner, provided additional tracks may be produced which shall be at Music Mogul’s sole discretion. Music Mogul Inc will own the copyright in the resulting demo track(s). The Grand Prize Winner shall have ninety (90) days to exercise this Grand Prize. If the Grand Prize Winner still has not recorded the demo tracks with a designated producer ninety (90) days following the date of the Final Contest, then this Grand Prize shall permanently expire and the Grand Prize Winner shall have no claim whatsoever.

   6.GRANT OF RIGHTS TO MUSIC MOGUL INC.    
A. By participating in the Contest, Entrants (and their parents or legal guardians if any Entrant is under 18 and/or a minor in the jurisdiction he/she resides) consent to the use of their names, biographical information, and photographs, videos and/or likenesses in any manner and in any medium for any purpose in connection with the Contest, including worldwide, without additional compensation, except where prohibited by law. 

B.By submitting an Entry and entering the Contest, each Entrant grants to Music Mogul Inc (and to Music Mogul Inc’s affiliates, successors, designees and assigns) a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, distribute and make derivative works from the Entry, any posted video and other works, including associated avatars or “muzers” (collectively, “Submitted Content”) at Music Mogul Inc’s own discretion without the requirement to make payment to any third party, the need to seek any third party permission and without further approval from Entrant. Entrant grants Music Mogul Inc and its affiliates and agents permission to use without charge excerpts from his/her work along with his/her name, avatar, and Music Mogul Inc profile, for any purpose in connection with the Contest and other Music Mogul Inc products. Entrant acknowledges that this license includes the right to host, index, cache, distribute, and tag Submitted Content. Each Entrant acknowledges that such license allows Music Mogul Inc to use the Submitted Content on the Music Mogul Inc website and in connection with promotions, marketing and other distribution of the Music Mogul Inc website and the Contest in perpetuity and that excerpts of any Entry, along with the Entrant’s name, city and state of residence, as selected by Music Mogul Inc may be posted on any website owned and/or operated by Music Mogul Inc or any of its affiliates (“Affiliated Site”), any other website or other online point of presence on any platform, through which any products or services available on or through the Affiliated Site are described, syndicated, offered, merchandised or advertised, in Music Mogul Inc’s sole discretion. Music Mogul Inc’s decision to use any excerpt or any portion of an Entry on any Affiliated Site does not mean that the selected Entry has been selected as a winning Entry. 

C.By submitting an Entry and entering the Contest, each Entrant further grants Music Mogul Inc (and Music Mogul Inc’s affiliates, successors, designees and assigns) an exclusive right of last refusal concerning a music recording or other performance contract offered to such Entrant for a period of six (6) months following the date of the Entry. Entrant shall provide Music Mogul Inc notice of such an offer within three (3) business days of the terms and conditions of such a third party offer. Upon receipt of such terms and conditions of the third party offer, Music Mogul Inc (and Music Mogul Inc’s affiliates, successors, designees and assigns) shall have five (5) business days to provide written notice to Entrant of its acceptance of a contract with Entrant upon the same terms and conditions offered by the third party. Entrant acknowledges that the failure to provide Music Mogul Inc (and Music Mogul Inc’s affiliates, successors, designees and assigns) with the foregoing right of last refusal shall irreparably harm Music Mogul Inc and that the damages from the breach of this provision will be difficult if not impossible to ascertain. Thus, Entrant acknowledges that Music Mogul Inc shall be entitled to specific performance or such other equitable and preliminary and/or permanent injunctive relief in order to enforce Music Mogul Inc’s rights herein. 

D.As a condition of further participation in the Contest, and to be eligible to compete in the Final Contest, potential Finalists (or their parents or legal guardians for any minor Entrants) shall be required to sign further legal documents, including an affidavit of eligibility, a liability and publicity release, a written license agreement, a non-disclosure and confidentiality agreement, a conditional publishing contract and such other legal documents which Music Mogul Inc deems necessary in its sole and absolute discretion (collectively, the “Finalist Agreements”). Entrant acknowledges that the Finalist Agreements shall provide Music Mogul Inc (or its affiliates, successors, designees and assigns) with, among other things, all rights in and to the Entry or other Submitted Content, the copyright in and to any performances in the Final Contest and other rights with respect to the distribution and publication of other works from Entrant. Performances that take place during the filmed Final Contest are the property of Music Mogul Inc and may be used for marketing, promotional, and other purposes. They may be aired on television, other electronic formats or any other media at the sole discretion of Music Mogul Inc. Any potential Finalist who does not execute and return the Finalist Agreements may be disqualified from the Contest, and the Entry or Entries removed from the Music Mogul Inc or affiliate websites, at the sole and absolute discretion of Music Mogul Inc. 

E.In the event that any Entrant or potential Finalist is disqualified for any reason, nothing herein shall affect or limit Music Mogul Inc’s rights to use the Entry and other Submitted Content as set forth above.

7.ADDITIONAL TERMS.  
A. To the maximum extent permitted by law, Music Mogul Inc reserves the right, in its sole discretion, to change these rules or cancel the Contest at any time, or to modify, terminate, or suspend the Contest should viruses, worms, bugs, unauthorized human intervention, or other causes beyond Music Mogul Inc’s control corrupt or impair the administration, security, fairness, or proper play of the Contest or submission of Entries.  

B. Music Mogul Inc is not responsible for any human, technical, or other error that may occur in the processing of the Entries. Music Mogul Inc is also not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, Entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any Web site.  

C. Music Mogul Inc is not responsible for injury or damage to any Entrant’s or any other computer resulting from downloading any materials in connection with the Contest. Music Mogul Inc reserves the right, in its sole discretion, to disqualify any individual found to be tampering with the entry or voting process, the outcome of the Contest, or the operation of the Contest or website, to be acting in violation of these rules or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND THEIR RESPECTIVE AFFILIATES RESERVE THE RIGHT TO SEEK DAMAGES AND/OR OTHER RELIEF FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 

D. No transfer, assignment, cash redemption or substitution of prizes is permitted except at the discretion by Music Mogul Inc or as specified herein because of prize availability and then with prizes of equal or greater value.  

E. Entrants (and their parents or legal guardians if any Entrant is under 18 and/or a minor in the jurisdiction he/she resides) agree (for themselves and their heirs) that Music Mogul Inc, their respective affiliates, and all Affiliated Websites will have no liability, and will be held harmless by such Entrants (and their parents or legal guardians if any Entrant is under 18 and/or a minor in the jurisdiction he/she resides) to the maximum extent permitted by law for any liability, loss, injury, or damage to property or to person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of participation in the Contest, or by reason of the acceptance, possession, use or misuse of the prizes, even if caused or contributed to by the negligence of Music Mogul Inc, any of their respective affiliates, or any such Affiliated Websites.  

F. Entrants (and their parents or legal guardians if any Entrant is under 18 and/or a minor in the jurisdiction he/she resides) shall defend, indemnify and hold harmless Music Mogul Inc, its parents, subsidiaries, officers, employees, affiliates, successors, designees, assigns and website contractors and each of their officers, employees, agents, affiliates, successors, designees and assigns from and against any and all claims, expenses, losses or liabilities, including any reasonable attorney's fees and costs, that may be incurred by or asserted against them in connection with the Entry or other Submitted Content as well as any violations of these Official Rules and Music Mogul Inc’s Terms of Use. 

G. The Contest is governed by the laws of the United States and the State of New York and all Entrants agree to submit to the jurisdiction of courts of the State of New York. THIS CONTEST IS VOID WHERE PROHIBITED. If the laws of the jurisdiction of Entrant’s residence conflict or void any provisions of these Official Rules and Music Mogul Inc’s Terms of use, Music Mogul Inc shall have the discretion to either amend the Official Rules to permit such Entrants to enter the Contest if Music Mogul Inc determines that it is appropriate to do so and will not affect the outcome of the Contest, or alternatively to prohibit entrants from that jurisdiction from entering the contest or disqualify their entry.  

H. As a condition of participating in this Contest, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in California having jurisdiction. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and Entrant further waives all rights to have damages multiplied or increased.  

I. The privacy of all Entries is governed by Music Mogul Inc’s privacy policy, which is located at http://musicmogul.com/privacy_policy.html. If you do not agree to those terms, please do not submit an Entry. 

J. The Official Rules and Terms of Use, and the provisions contained therein, are independent of and severable from each other. No provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 

K. Nothing herein shall be deemed to obligate Music Mogul Inc or its parents, subsidiaries, officers, employees, affiliates, successors, designees, assigns and website contractors and each of their officers, employees, agents, affiliates, successors, designees and assigns from using any Entry or any Submitted Content, and the decision to use such Entries or Submitted Content shall be at the sole and absolute discretion of Music Mogul Inc. 

L. For a list of winners, send an e-mail request to info@musicmogul.com or a self-addressed stamped envelope to MUSIC MOGUL INC WINNERS LIST, 21 Beachmont Terrace, North Caldwell, NJ 07006. Requests must be received by December 31, 2011. 