1. GENERAL DESCRIPTION. The BB&T Atlanta Open (“Tournament”) is seeking talented kids between the ages of 8-18 (“Participants”) to be among those selected to sing The National Anthem at Atlantic Station prior to a session of the 2014 Tournament, July 19-27.
Participants and their parent or legal guardian will be required to review and consent to a liability and publicity release (“Release”) and may be required to review and consent to other documents and agreements or provide other authorizations, assignments, releases, grants, indemnifications, consents or waivers in connection with the contest (“Contest”), and, if selected, the BB&T Atlanta Open. The Tournament reserves the right to request proof of age, residency and proof of parenthood or guardianship, in the form of valid, government issued identification/documentation or school ID, and a participant will be disqualified if the Tournament, in its sole and exclusive discretion, finds that such proof is unsatisfactory.
2. ELIGIBILITY. To participate in the Contest, you must satisfy each of the following eligibility requirements:
A. You must be a legal resident of the State of Georgia and be between the ages of 8 and 18 as of July 19, 2014;
B. Participants must be accompanied to the Tournament, if selected, by a parent or legal guardian or, if auditioning in conjunction with an authorized school trip, accompanied by a school teacher or school designated chaperone (Participants will still be required to provide the Release with the signature of a parent or legal guardian);
C. The Release must be signed by you and your parent or legal guardian;
D. Participants must not be bound by any contracts or agreements that conflict with performing at the Tournament, appearing in Tournament advertising, publications and other materials (if applicable), or granting the rights contained in the Release.
By participating in the Contest and/or the BB&T Atlanta Open (if applicable) (collectively, the “Event”), you and your family members, friends and anyone else accompanying you to the Event agree to be videotaped, audiotaped, recorded, filmed and/or photographed at any time during the Event including, but not limited to performing, or at any time while present at the Event. You and they understand and agree that your and their performances and appearances in connection with the Event may be further used, edited, altered, copied, disclosed, displayed, published, distributed, exhibited, broadcast, webcast, or otherwise exploited by the Tournament or its designees, in whole or in part, in any format and/or manner now known or hereafter developed, whether commercial or non commercial in nature, including without limitation, via the Internet, for any purpose whatsoever, without further compensation to, or authorization by, you or them. If you and/or your family members, friends or anyone else accompanying you to the auditions, do not wish to be videotaped, audiotaped, recorded, filmed and/or photographed, or do not agree with these Official Rules, you may not attend the Event while the Event is taking place. You and/or their attendance at the Event will be conclusively deemed to be a waiver of any and all claims for invasion of privacy, defamation and all other related claims.
3. HOW TO ENTER.
To enter the Contest, you must e-mail a link to a hosted video or attach a quicktime or wmv video file of you performing the National Anthem to BBTAtlantaOpenAnthem@gmail.com, and include your name, age, address, phone number and e-mail address. All Entries, regardless of the manner of submission, must be received before midnight on May 26, 2014. A selection committee of Tournament representatives will select ten (10) finalists, whose video submissions will appear on the Tournament facebook page (www.facebook.com/bbtatlopen) for fan voting May 29-June 4, 2014. The finalist with the largest number of fan votes will be awarded the Grand Prize. All Entrants agree that all decisions of the BB&T Atlanta Open shall be final and Entrants waive any right to challenge any decisions made by the selection committee. Entrants expressly agree to be bound by the terms and conditions of these Official Rules and expressly agree to all of the terms and conditions herein. One entry per person. Duplicate entries will be discarded and those submitting multiple entries will be ineligible to win any prize. NO PURCHASE IS NECESSARY. Prize winner will be determined by a panel of volunteer judges based on the entrant’s ability to perform the National Anthem. Each person submitting a valid entry that complies with these rules or if Entry is for an individual less than eighteen (18) years of age, the parent, on behalf of the individual submitting the Entry (hereinafter “Entrant”) and/or prize winner expressly consents to the use of their name, likeness, and biographical information for all publicity purposes by the Tournament or any sponsor, without further compensation, except where prohibited by law. Prizes are non-transferable; no substitutions or cash redemptions. The Tournament is not responsible for incorrect or inaccurate entry information whether caused by technical difficulty or human error. Odds of winning depend on number of eligible Entries received. Prize winner will be notified by one of email, telephone, US Mail, or other express delivery service. If any attempt to contact any winner is unsuccessful, returned for any reason, not responded to or deemed undeliverable, then the prize will be forfeited and awarded to an alternate winner.
Submissions must be the Participant’s original work and shall not infringe on any copyrights or any other rights of any third parties. Submissions submitted will not be returned to the Participant. The Tournament is not responsible for late, lost, damaged, misdirected, undelivered, or misappropriated entries.
A. All Participants must be accompanied at all times by a parent or legal guardian who has authority to sign documents on the participant’s behalf. If accompanied by a legal guardian, the legal guardian must bring proof of guardianship and present to the Tournament, upon request. In the alternative, if Participant is auditioning in conjunction with an authorized school trip, a school designated teacher or chaperone must be in attendance at all times with Participant. Regardless of the presence of a school designated teacher or chaperone, Participants will not be permitted to perform without a Release fully executed by their parent or legal guardian.
B. In order to participate in the Event, Participants and their parents or legal guardians will be required to complete, sign and agree to all required forms including the Release. Release forms will be e-mailed to the Top 10 Finalists prior to May 29, 2014.
C. Only Finalists will be contacted, via telephone, facsimile, electronic mail, mail, courier, or any other form of communication as determined by the Tournament, and invited to perform the “Star Spangled Banner” at a session of the BB&T Atlanta Open. It is understood and agreed that the recommendations of the judges and the method of selection of the Finalists by the Tournament is final and not subject to appeal.
D. Each Participant is responsible for arranging for his/her own travel to Atlantic Station and paying for any and all related expenses including, but not limited to, production or submission of DVD, the cost of airfare, train tickets, rental car, gratuities, lodging and food. Participants will not be reimbursed for their travel expenses or compensated in any manner for their participation.
4. PERFORMANCE. The Tournament will assign each of the Finalists a specific day or evening session of the BB&T Atlanta Open at Atlantic Station. Each Finalist and his/her parent or legal guardian, who must accompany the Finalist at all times, will each receive a ticket for admission to the BB&T Atlanta Open session to which such Finalist has been assigned. Each Finalist is responsible for arriving at Atlantic Station at the designated time, arranging for his/her own travel, and for paying for any and all travel related expenses. If a Finalist cannot appear at his/her assigned session or if the assigned session is canceled or postponed for any reason, the Finalist will not be entitled to perform at a different session and will not receive tickets for admission to any substitute sessions. Once a session has been assigned, the Tournament will provide the Finalist and his/her parent or legal guardian details regarding the time and location of the performance. The Tournament may, in its discretion, require that each Finalist and his/her parent or legal guardian sign and return a release and/or other documentation as a condition of participation. If such documentation is not returned or provided, the Finalist will forfeit his/her opportunity to perform at the Event.
5. OWNERSHIP AND PUBLICITY RIGHTS. By participating in the Event, each Participant waives any moral rights in the Event and assigns all other rights, title and interest including, but not limited to, copyrights in and to the Event to the Tournament. By submitting the audition video, Participant assigns its ownership and copyright in and to the performance to the Tournament. Each participant acknowledges and agrees that Tournament owns his/her submission and shall have the exclusive, unrestricted, perpetual, royalty-free, worldwide, freely-assignable and irrevocable right to use, edit, alter, copy, reproduce, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the performance, in whole or in part, in any form, media or technology, now known or hereafter developed, including, without limitation, print media, broadcast television, radio and the Internet, for any purpose whatsoever, including, but not limited to, advertising, promotion, entertainment and commercial purposes, without any payment to, or further authorization by, the Participant. Although the Tournament has such exclusive rights of ownership, they are not obligated to exercise these rights.
Each Participant further agrees that the Tournament has the exclusive, unrestricted, perpetual, royalty-free, worldwide, freely assignable and irrevocable right, but not the obligation, to use Participant’s name, address, photograph, picture, likeness, moving image (including, but not limited to, any videotape, photograph, recording or film taken by the Tournament of the Participant during the Event), voice, biographical material, personal information, and any speaking, posing, singing, musical, acting and/or other performance on Participant’s part, whether in their original form, or as altered, edited, lifted or reproduced by the Tournament, its subsidiaries, affiliates and agents, in perpetuity throughout the world, whether in connection with the Event performance or not, in any and all media (including, but not limited to, print media, broadcast television, radio and the Internet) now existing or hereafter discovered or developed, for any and all purposes (including, but not limited to, advertising, promotion, entertainment and commercial purposes), without additional consideration to, or further authorization by, the Participant.
6. LIMITATION OF LIABILITY. By auditioning, each Participant agrees (i) to release The BB&T Atlanta Open, Atlantic Station, Emirates Airlines US Open Series, the Association of Tennis Professionals, the City of Atlanta, the Contest judges, and their affiliates, subsidiaries, parent companies, shareholders, agents, officers, directors, employees, volunteers, representatives, assigns and all others associated with the Event (collectively, “the Releasees”), from any and all liability arising in any way from the Event and the Releasees’ review and use of the Participant’s performance, or any parts thereof, including, without limitation, liability for any costs, fees, expenses, injuries, losses, harm, damage of any kind whatsoever, death, personal injury, property damage (including, but not limited to, liability for any items belonging to Participants that are lost, damaged or stolen at the Event), liability to any other persons, including, without limitation, liability arising from any claim relating to the breach or alleged breach of the representations and warranties each Participant is making in connection with his/her performance, and liability by virtue of any blurring, distortion, alteration, or optical illusion that may occur in connection with the exercise of the Tournament’s rights, whether intentional or otherwise; (ii) to indemnify the Releasees from any and all liability arising in any way from third party claims relating to his/her actions during the Event including, but not limited to, third party claims relating to the representation and warranties Participant is making in connection with the Event; and (iii) that the Releasees are not liable for any similarities between Participant’s performance and future Tournament products, publications or programs.
7. DISPUTES/GOVERNING LAW. By auditioning, each Participant agrees that these Official Rules and any and all claims arising in connection with the Event shall be governed by the laws of the State of Georgia, without giving effect to any choice of law or conflicts of law principles. It is further agreed that any action at law or in equity arising out of or relating to the Official Rules or the Event themselves may be filed only in the federal and state courts located in the County of Fulton, State of Georgia, and by auditioning, each Participant consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of the terms of these Official Rules are held to be unlawful, invalid or unenforceable, the remainder of the Official Rules will remain in full force and effect, provided that no party is, as a result thereof, deprived of the enjoyment of its substantial benefits under the Official Rules.
8. GENERAL TERMS AND CONDITIONS. By auditioning, each Participant agrees to be bound by these Official Rules and the decisions of the Tournament, which shall be final and binding. No Participant shall be considered an employee or independent contractor of the BB&T Atlanta Open. No Participant is entitled to any compensation, wages, salary or benefits. Participants may not be a member of AFTRA, SAG or any other performing arts guild. If Participant is discovered to be a member of AFTRA, SAG or any other performing arts guild, Participant’s appearance(s) in connection with the Event, if any, shall not be deemed to be a performance under any collective bargaining agreement. The Tournament has not arranged for, and will not arrange for, any insurance of any kind, for the benefit of Participants (or the heirs, executors and administrators of Participants) in connection with the Event. No responsibility will be assumed for lost, late, stolen, illegible, incomplete, damaged, misdirected, misplaced or mutilated Event materials. The Tournament and its respective agencies, affiliates and representatives are not responsible for lost, interrupted or unavailable network, server, telephone, broadcast or other connections, miscommunications, failed telephone, broadcast or computer hardware or software transmissions or technical failures, incomplete, delayed or garbled transmissions or other errors or problems of any kind, whether mechanical, electronic, human or otherwise, relating to the Event. The Tournament also assumes no responsibility for any problems or delays, whatever their nature, encountered by Participants in traveling to the Event. If the Tournament determines that there is any suspected or actual tampering with any aspect of the Event process, or if technical difficulties compromise the integrity of the Event process, the Tournament reserves the right, in its sole and exclusive discretion, to disqualify any Participant that appears to have been involved in the tampering or to cancel or modify the Event process, in whole or in part.
The Tournament reserves the right, in its sole and exclusive discretion, to decline to offer any Participant the opportunity to perform at the BB&T Atlanta Open. The Official Rules are subject to change without notice, and the Tournament reserves the right, in its sole and exclusive discretion, to amend or modify the Official Rules at any time and for any reason.