THE WORLD’S BEST ONLINE AUDITION AND GENERAL ROUNDS TERMS AND CONDITIONS
[Apple & Google are not a sponsor nor is involved in any way with these contests or sweepstakes.]
The World’s Best (the “Program”) is an app based global talent competition program, featuring broad range of talented performers aged 18 and above. By participating in this online audition (the “Online Audition”) and General Rounds (the “General Rounds”), if selected*, for consideration by World's Best headsup7 corporation (“Producer”) to be on the Program, the performer has read, understood, and voluntarily agrees to abide by these Online Audition and Video Submission Terms and Conditions and Live Video Streaming Terms and Conditions (the “Terms and Conditions”) in their entirety. The effective date of these Terms and Conditions (the “Effective Date”) shall be the date on which the performer submits its Audition Video or General Rounds Video.
Prior to submitting an Audition Video or General Rounds Video, please confirm that each performance meets the Eligibility Requirements in Section A below.
In addition, please ensure that the performer’s Audition Video or General Rounds Videos meets the Audition Video or General Rounds Livestream Requirements in Section B below.
Audition Video or General Rounds will stop being accepted on a date to be determined in the sole discretion of the Producer (the “Video Submission Period”). No Audition Video or General Rounds will be accepted after 11:59 p.m. GMT on the close of the Video Submission Period or allocated livestream period. Performers should be ready to participate in General Rounds livestream during the time allocated to them.
As used herein, “User” will refer to the individual who completes the data fields on the World's Best (Phala) app and uploads the Audition Video or General Rounds. User must be at least eighteen (18) years of age.
* There is no guarantee of selection to the General Rounds part of competition and subsequent rounds. The Producer reserve the right to change these rules without notice and it is the User’s sole and exclusive responsibility to be abreast of and abide by any changes.
A. Eligibility Requirements.
1. The performer must be able to prove at the time of the registration and audition that:
The performer is at least 18 years of age. The performer provides correct name, age, and any other information required by World's Best Headsup7 Corporation.
2. A performance” shall include performer only a single person and any props or accoutrements that the person wishes to use. Any performance containing more than one person will be automatically disqualified.
Producer may air or otherwise exhibit:
The Program or any variation thereof;
Any person or entity involved in the development, production, distribution, or other exploitation of the Program or any variation thereof;
Any sponsor of the Program (including, but not limited to World's Best (Phala) ) or its or their advertising agency;
3. The Performer may NOT:
be a professional in the area in which he is performing. A professional is defined as any Performer who has received any remuneration in connection with any performance that is in any way, in the sole discretion of the Producer, similar to or in the same industry or general areas as the Online Audition; performer
be a well-known personality in his or her field;
performer be an internationally known or recognized artist.
Any determinations as to whether a Performer meets any of the criteria contained in this paragraph shall be in the sole discretion of the Producer. Moreover, the producer reserves the right to allow any person to remain part of the Program who may have a connection with the Program, in Producer’s sole discretion, Producer determines that such person’s involvement in the Program does not and will not affect the integrity of the Program.
B. Audition Video or General Rounds Submission Requirements.
1. General Requirements.
The Performer may submit ONLY ONE (1) Online Audition Video.
Audition Video should be submitted by downloading the World's Best (Phala) (iOs: World's Best (Phala) , android: World's Best (Phala) . Refers to World's Best (Phala) app available on iOs and Android stores) app as per rules listed in The World’s Best_Participation Rules and following the instructions as provided in World's Best (Phala) The World’s Best – Participation Rules.
performer be an internationally known or recognized artist.
The performer’s Audition Video or General Rounds must be entered by a registered user of our app, who is at least eighteen (18) years old. General Rounds Streaming Instructions:
The performer’s Audition Video or General Rounds Streaming must comply with the requirements of this Section B. Any Audition Video or General Rounds Streaming that, in Producer’s discretion, does not comply with the requirements of this Section B may be disqualified.
The performer’s Audition Video submission or General Rounds Streaming will not be complete until the performer has accepted these Terms and Conditions.
Producer reserves the right to determine, in its sole discretion, the eligibility of each performer’s Audition Video or General Rounds Streaming. ELIGIBLE PERFORMERS MUST SUBMIT THE AUDITION VIDEO OR PERFORM GENERAL ROUNDS IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
The performer’s conduct on World's Best (Phala) app shall generally be governed by World's Best (Phala) App Terms and Conditions, which all the users accepted upon downloading and signing up for the app.
Producer reserves the right in its sole discretion to modify or change the eligibility requirements or submission requirements hereunder from time to time and such modifications will be effective upon posting to the App audition.
2. Audition Video or General Rounds Streaming Content
Audition Video or General Rounds Streaming must conform to the requirements of these Terms and Conditions, as well as the World's Best (Phala) Participation Rules. Both these Terms and Conditions and the producer Participation Rules may be amended from time to time.
The Audition Video should be no greater than three (3) minutes including a short introduction (no more than thirty (30) seconds) stating the name of the performer’s, age, where the performer is from, and any other information the performer would like to convey. Performers receive longer period in General Rounds Streaming depending on the round (4 minutes, 5 minutes, 6 minutes). The exact time will be communicated to performers.
Audition Video or General Rounds Streaming must NOT contain material which is sexually explicit, obscene, pornographic, violent (for example, relating to murder, weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal (for example, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing.
Audition Video or General Rounds Streaming submitted for consideration in this will be judged according to the same parameters as other auditions for the Program. Both online audition and livestreaming will be judged by viewers – those individuals that have downloaded World's Best (Phala) app and are viewing The World’s Best reality show. If the performance is selected to progress in the next rounds then performers will be notified.
D. Further Documentation
In the event Producer chooses the performer to participate in the Program auditions, the performer will be required by the Producer to fill out, sign and agree to all of the terms and conditions of additional forms, including, without limitation, a Performer Agreement and Release and Confidentiality Agreement. In addition, the performer may be required to complete an extensive background questionnaire, and will be subject to a thorough background investigation and other examinations, at Producer’s discretion.
If Producer chooses the performer to continue to the next round of the competition, the Performer will be required to sign a recording contract, songwriting contract, talent management contract, live stage/touring contract or merchandising contract at Producer’s sole and absolute discretion. The Performer’s family or guests should be prepared to sign releases concerning the possible taping or recording of their name, likeness, voice, conversation, etc.
ALL FORMS MUST BE FILLED OUT COMPLETELY AND TRUTHFULLY. IF THE PERFORMER FAILS TO COMPLETE ANY FORM, GIVE ANY FALSE INFORMATION, OR FAIL TO REVEAL ANY PERTINENT INFORMATION, THE PERFORMER MAY BE DISQUALIFIED FROM THE AUDITION or General Rounds Streaming.
Producer reserves the right to disqualify or exclude, in its sole and absolute discretion, any individual from the audition or General Rounds for any reason or for no reason at all, including without limitation, violation of any portion of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change these Terms and Conditions at any time, with or without notice. Being chosen to audition or compete at any level in the General Rounds does NOT ensure that the performer will be selected to continue to the next stage of the competition process.
The Performer shall retain all ownership rights in the Performer’s Audition Video or General Rounds. By submitting the Audition Video and participating in General Rounds (if selected), the performer hereby grants to Producer, in perpetuity, a non-exclusive, royalty-free, sublicensable and freely transferable license to use, reproduce, distribute, prepare derivative works of, display, adapt, reformat, translate, and otherwise exploit and perform all or any portion of the Audition Video or General Rounds Streaming for any purpose whatsoever, throughout the universe, including, without limitation, in connection with (i) the Program, including, without limitation, advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, and redistributing part or all of the Program (and derivative works thereof), and (ii) the business of Producer and Producer’s network of Internet websites, applications, interactive television, video on demand and any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Producer may distribute content to end users, whether now existing or hereafter developed (together, the “Platforms”), in any and all media formats and through any and all media distribution and advertising and promotional purposes, without accounting, notification, credit or other obligation to the performer. For the avoidance of doubt, without limiting the generality of the rights granted to Producer or any Producer Entity, these rights include, without limitation, the absolute right to edit or alter any Audition Video or General Rounds distribute and synchronize all or any portion of the Performer’s Audition Video or General Rounds in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of the Performer’s Audition Video or General Rounds; to encrypt, encode and decode, and compress and decompress all or any portion of the Performer’s Audition Video or General Rounds; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions or other material to or of all or any portion of the Performer’s Audition Video or General Rounds; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures or voice reproductions from all or a portion of the Performer’s Audition Video or General Rounds; and to excerpt or extract portions of the Performer’s Audition Video or General Rounds in order to host, store, index, categorize and display the Performer’s Audition Video or General Rounds on or through the Platforms. Producer has no obligation to review the Performer’s Audition Video or General Rounds or to use the Performer’s Audition Video or General Rounds in any manner whatsoever.
G. Representations and Warranties / Indemnification
The Performer represent and warrant as follows:
the performer is the copyright owner of the Audition Video or General Rounds Stream, or has the necessary authorization to submit the Audition Video or Stream General Rounds Content hereunder,
the performance in the Audition Video or General Rounds Stream is the Performer’s own original work;
the Audition Video or General Rounds Stream is wholly original with the Performer and as of the date of submission, is not the subject of any actual or threatened litigation or claim;
the Audition Video or General Rounds Stream neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity;
the Audition Video or General Rounds Content does not and will not violate any applicable laws, and meets the Audition Video or General Rounds Streaming Requirements set forth in Section B above. The Performer will, upon request, furnish to Producer any documentation, substantiation, and releases necessary and reasonably required for all copyrighted material, music, identifiable third parties, identifiable locations, and releases from anyone who assisted in the creation of the Audition Video or General Rounds Stream to prove, confirm, verify, and substantiate performer’s compliance with any or all of these Terms and Conditions, including, without limitation, the foregoing representations and warranties.
In the event the performer cannot provide all required releases, Producer reserves the right, in its sole discretion, to discard or remove the Performer’s Audition Video or General Rounds Stream or seek to secure the releases and clearances for the benefit of Producer or may allow the applicable Audition Video or General Rounds Stream to be utilized. Additionally, the Performer represent and warrant that the Performer will not acquire any trademark rights, copyrights, or any other rights in the trademarks, trade names, logos or other intellectual property of Producer or any other Producer Entity.
Each Producer Entity specifically reserves its respective right to protect its intellectual property against any infringement or other illegal or improper use. Performer agree to indemnify and hold harmless the Producer, and each of them, from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of the Performer hereunder.
H. Conditions of Participation
This Online Audition and General Rounds Streaming is subject to all applicable federal, state, and local laws. The Performer hereby:
agrees that Producer shall have no liability whatsoever for, and shall be held harmless by the Performer against any liability for any injuries, losses or damages of any kind to person(s) (including death) or property resulting in whole or in part, directly or indirectly, as a result of participating in this Online Audition or General Rounds Streaming or any related activity;
release the Producer and their respective advertising and promotion partners, fulfillment or judging agencies, retailers, franchises, agents and their estate and family members from all liability, claims, action, or proceedings relating to this Online Audition or General Rounds Streaming and from injuries or damages arising in connection with or relating to participation in this Online Audition or General Rounds; and
waive any right to claim ambiguity in the Online Audition/General Rounds Streaming or these Terms and Conditions. Producer reserve the right to modify these Terms and Conditions, remove suspect Audition Video or General Rounds Streams, or cancel, terminate or suspend any portion of this Online Audition or General Rounds Streams at any time and for any reason (or no reason at all) in their absolute discretion. Producer reserves the right to disqualify or exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of the Program rules, violation of any of these Terms and Conditions, or tampering with the entry process or the audition process. Producer also reserves the right to change the Program rules and procedures at any time. Producer also reserves the right to change prize money, categories, or format anytime. Moreover, the producer also reserves the right to cancel, postpone, change, or extend dates anytime without giving reasons. Being chosen to audition or compete at any level in the competition does NOT ensure that the Performer will be selected to advance to the next stage of the competition process. Performers may receive monetary gifts from viewers and withdrawal terms for these gifts are same as withdrawal terms of the app. Producer reserves the right to change these terms as its discretion.
J. Nature of Relationship / Waiver of Equitable Relief
The Performer understand and acknowledge that the Producer have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to them or being developed by their own respective employees. The Performer acknowledge that many ideas may be competitive with, similar or identical to the Audition Video or General Rounds or each other in theme, idea, format or other respects. The Performer acknowledges and agrees that the Performer will not be entitled to any compensation as a result of the use by the Producer of any such similar or identical material. The Performer acknowledges and agrees that the Producer do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Audition Video or General Rounds. The performer acknowledge that, with respect to any claim by the Performer relating to or arising out of the actual or alleged exploitation or use of any Audition Video or General Rounds or other material submitted in connection with the Online Audition or General Rounds by any Producing Entity, the damage, if any, thereby caused to the Performer will not be irreparable or otherwise sufficient to entitle the Performer to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Audition Video or General Rounds or the Program or any other production based on or allegedly based on the Audition Video or General Rounds or the Program, and the Performer’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
K. General Release and Limitations on Liability
By participating in this Online Audition and General Rounds, the Performer agrees that:
any and all disputes, claims, and causes of action arising out of or connected with the Online Audition or General Rounds, shall be resolved individually, without resort to any form of class action;
any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Online Audition and General Rounds, but in no event will attorneys’ fees be awarded or recoverable; and
under no circumstances will the Performer be permitted to obtain any award for, and the Performer hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages or any other damages, other than actual out-of-pocket expenses, or any and all rights to have damages multiplied or otherwise increased.
The Performer acknowledges and agrees that the Producer, their agencies, web masters/suppliers, contractors and vendors are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
incomplete, lost, late, misdirected, or illegible submissions or for failure to receive submissions due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with the Producer or otherwise, that may limit any performer’s ability to participate in this Online Audition and General Rounds;
incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with this Online Audition (and General Rounds) and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking;
any injury or damage resulting from participation in the Online Audition or General Rounds (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the performer’s rights of publicity or privacy); or
any claim by the Performer for defamation or portrayal in a false light. Producer assume no responsibility for any damage to the performer’s computer system, which is occasioned by accessing the Online Audition Website, or participating in this Online Audition and General Rounds, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Producer reserves the right, in its sole discretion, to disqualify any performer that violates the Audition Video or General Rounds Streaming Requirements, tampers with the Audition Video or General Rounds process or operation of the Online Audition or General Rounds or performer in an unsportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. If, for any reason, this Online Audition and General Rounds is not capable of operating as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Producer, corrupt or affect the administration, security, integrity or proper conduct of this Online Audition or General Rounds, Producer reserve the right, at their absolute discretion, to close the Audition Video or General Rounds Submission Period at any time, cancel, terminate, modify or suspend this Online Audition or General Rounds or take any other action deemed fair and equitable by Producer or Audition Booth.
L. Governing Law
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS AND CONDITIONS, OR THE RIGHTS AND OBLIGATIONS OF SUBMITTERS IN CONNECTION WITH THE ONLINE AUDITION OR GENERAL ROUNDS OR IN CONNECTION WITH ANY AUDITION OR GENERAL ROUNDS OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE ONLINE AUDITIONS OR GENERAL ROUNDS, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF MALTA, EU WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS 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, THESE TERMS AND CONDITIONS SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN
IN NO EVENT WILL THE PRODUCER, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE PERFORMER’S PARTICIPATION IN THE ONLINE AUDITION OR GENERAL ROUNDS. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE PERFORMER OR MEMBERS OF THE PERFORMER. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS ONLINE AUDITION OR GENERAL ROUNDS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE PRODUCER RESERVE THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
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