Entries into the Soompi Rising Legends Competition (“Competition”) will be accepted between 12:01 a.m. Pacific Time (“PT”) on August 18, 2017 and 11:59 p.m. PT on August 28, 2017 (“Entry Period”).
ELIGIBILITY: Individuals must be legal residents of the United States or Canada (excluding Quebec) and 13 years of age or older. Individuals can have no conflicting commitments or obligations (including, without limitation, any commitment to a music label, music publisher or other third party). Employees of Viki, Inc. (“Sponsor”), its parent, subsidiaries, affiliates and advertising and promotion agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible. Void in Quebec and where prohibited by law. Competition is subject to all applicable federal, provincial, state and local laws.
By participating, each participant (and, if an eligible minor, such minor’s parent or legal guardian) agrees to abide by these terms (“Terms”) and decisions of the Sponsor and judges, which shall be final and binding in all respects relating to this Competition.
HOW TO ENTER: Create a video of no more than one (1) minute that showcases your singing, dancing or rapping talent (each, a “Category”) and post it to YouTube. Video cannot be auto tuned or otherwise manipulated. Once you have posted your video, visit www.soompi.com/legends and follow the directions to complete and submit the entry form, including a profile picture, short biography (1000 characters or less) and a link to your video (collectively, the “Entry”). Limit one (1) Entry per person. Multiple Entries will be void. Note: Entries will only be accepted from individuals. Entries from duos or groups will not be accepted. Entry materials should include no individuals other than participant. All Entries become the sole property of the Sponsor and will not be returned.
PROHIBITED CONTENT: Entries may not contain, as determined by the Sponsor, in its sole discretion, any content that:
•is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
•profane or pornographic; contains nudity;
•promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
•is obscene or offensive; endorses any form of hate or hate group;
•appears to duplicate any other submitted Entry;
•defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, other people or companies;
•contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
•communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate; and/or FKKS:1609522v.3 25291.100 2
•violates any law.
By submitting an Entry, participant (and, if an eligible minor, such minor’s parent or legal guardian) warrants and represents that participant consents to the submission and use of the Entry in the Competition and to its use as otherwise set forth herein, including, but not limited to, on www.soompi.com.
By submitting an Entry, participant (and, if an eligible minor, such minor’s parent or legal guardian) represents and warrants that the Entry conforms to these Terms and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Terms in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
INITIAL JUDGING: All eligible Entries received for each Category by Sponsor will be reviewed by a panel of qualified judges to determine the fifty (50) potential contestants for each Category who will advance to Round 1 Voting (as described below) of the Competition.
Singing Category Judging Criteria: All eligible Entries received by Sponsor in the Singing Category will be judged on the following equally weighted criteria: technical ability, artistic ability, presence on camera, and overall impact.
Dance Category Judging Criteria: All eligible Entries received by Sponsor in the Dance Category will be judged on the following equally weighted criteria: technical ability, artistic ability, presence on camera, and overall impact.
Rapping Category Judging Criteria: All eligible Entries received by Sponsor in the Rapping Category will be judged on the following equally weighted criteria: technical ability, artistic ability, presence on camera, and overall impact.
Sponsor reserves the right to select fewer than fifty (50) contestants for any Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for that Category. Sponsor will not reveal the judging scores for any Entry. All decisions of the Sponsor and judges are final and binding.
CONTESTANT NOTIFICATION: Contestants who are selected to advance to Round 1 Voting will be notified via email.
ROUND 1 VOTING: All eligible Entries for each Category selected by the judges to advance to Round 1 Voting will be displayed on www.soompi.com between 12:01 a.m. PT on September 1, 2017 and 11:59 p.m. PT on September 6, 2017 (“Round 1 Voting Period”). Visitors to the site will have the opportunity to vote for Entrant(s) from each Category they think show the most talent. Limit one (1) vote per person per Entrant per hour. Votes received from any person in excess of the stated limitation will be void. Contestants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and such contestants may be disqualified, at Sponsor’s discretion. The contestants in each Category who submitted the twenty-five FKKS:1609522v.3 25291.100 3
(25) Entries to receive the highest number of valid votes, as determined by Sponsor in its sole discretion, will advance to Round 2 Voting (“Quarter Finalists”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie in any Category, an additional, “tie-breaking” judge will determine the Quarter Finalists using on the applicable Category’s judging criteria from the Initial Judging phase. Sponsor reserves the right to advance fewer Quarter Finalists for any Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries for that Category. Sponsor will not reveal the number of votes or judging score (if applicable) for any Entry.
QUARTER FINALIST NOTIFICATION AND ROUND 2 REQUIREMENTS: Potential Quarter Finalists will be notified by email within three (3) days following the end of the Round 1 Voting Period. Potential Quarter Finalists will be required to create a new video of no more than five (5) minutes showcasing their talent in the same Category (“Round 2 Video”). The Round 2 Video must showcase a different song, routine, etc. and must otherwise comply with these Official Rules, including, but not limited to, the Prohibited Content section. It cannot duplicate the video submitted as part of the original Entry. The Round 2 Video must be submitted to Sponsor by following the instructions and within the time period stated in the notification email. The return of a notification as undeliverable, failure to provide the Round 2 Video within the specified time period, the inability of Sponsor to contact potential Quarter Finalist within a reasonable time period or noncompliance with these Terms by potential Quarter Finalist will result in disqualification and, at the sole discretion of Sponsor and time permitting, a runner-up for the applicable Category may be notified.
ROUND 2 VOTING: All eligible Round 2 Videos for each Category will be displayed on Soompi’s YouTube channel between 12:01 a.m. PT on September 14, 2017 and 11:59 p.m. PT on September 19, 2017 (“Round 2 Voting Period”). Visitors to the channel will have the opportunity to vote for the Quarter Finalist(s) from each Category they think show the most talent. Limit one (1) vote per person per Quarter Finalist per hour. Votes received from any person in excess of the stated limitation will be void. Quarter Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and such contestants may be disqualified, at Sponsor’s discretion. The Quarter-Finalists in each Category who submitted the twelve (12) Round 2 Videos to receive the highest number of valid votes, as determined by Sponsor in its sole discretion, will advance to Round 3 Voting (“Semi-Finalists”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie in any Category, an additional, “tie-breaking” judge will determine the Semi-Finalists using on the applicable Category’s judging criteria from the Initial Judging. Sponsor reserves the right to advance fewer Semi-Finalists for any Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Round 2 Videos for that Category. Sponsor will not reveal the number of votes or judging score (if applicable) for any Round 2 Video.
SEMI-FINALIST NOTIFICATION AND ROUND 3 REQUIREMENTS: Potential Semi-Finalists will be notified by email within three (3) days following the end of the Round 2 Voting Period. Potential Semi-Finalists will be required to create a new video of no more than five (5) minutes showcasing the talent in the same Category (“Round 3 Video”). The Round 3 Video must showcase a different song, routine, etc. and must otherwise comply FKKS:1609522v.3 25291.100 4
with these Official Rules, including, but not limited to, the Prohibited Content section. It cannot duplicate the video submitted as part of the original Entry or Round 2 Video. The Round 3 Video must be submitted to Sponsor by following the instructions and within the time period stated in the notification email. The return of a notification as undeliverable, failure to provide the Round 3 Video within the specified time period, the inability of Sponsor to contact potential Semi-Finalist within a reasonable time period or noncompliance with these Terms by potential Semi-Finalist will result in disqualification and, at the sole discretion of Sponsor and time permitting, a runner-up for the applicable Category may be notified.
ROUND 3 VOTING AND JUDGING: Voting: All eligible Round 3 Videos for each Category will be displayed on Soompi’s YouTube channel between 12:01 a.m. PT on September 27, 2017 and 11:59 p.m. PT on October 2, 2017 (“Round 3 Voting Period”). Visitors to the channel will have the opportunity to vote for the Semi-Finalist(s) from each Category they think shows the most talent. Limit one (1) vote per person per Semi-Finalist per every hour. Votes received from any person in excess of the stated limitation will be void. Semi-Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and such contestants may be disqualified, at Sponsor’s discretion. Judging: All eligible Round 3 Videos for each Category will also be judged by a panel of qualified judges based on the equally weighted criteria: technical ability, artistic ability, presence on camera and overall impact.
The valid votes received and the judging scores for each Round 3 Video will be equally weighted to determine the top (3) Semi-Finalists in each Category (“Finalists”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie in any Category, an additional, “tie-breaking” judge will determine the Semi-Finalists using on the judging criteria stated above. Sponsor reserves the right to advance fewer Finalists for any Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Round 3 Videos for that Category. Sponsor will not reveal the number of votes or judging score (if applicable) for any Round 3 Video.
FINALIST NOTIFICATION AND ROUND 4 REQUIREMENTS: Potential Finalists will be notified by email within three (3) days following the end of the Round 3 Voting Period. Potential Finalists will be required to create a new video of no more than five (5) minutes showcasing the talent in the same Category (“Round 4 Video”) as well as participate in an interview via email or phone (to be determined by Sponsor) (“Interview”). The Round 4 Video must showcase a different song, routine, etc. and must otherwise comply with these Official Rules, including, but not limited to, the Prohibited Content section. It cannot duplicate the video submitted as part of the original Entry or the Round 2 or Round 3 Video. The Round 4 Video must be submitted to Sponsor by following the instructions and within the time period stated in the notification email. The Interview will be posted on scoompi.com and promoted via Sponsor’s Twitter and Facebook accounts. Finalists understand that they have no control, approval or edit rights over the final posted Interview. All answers provided as part of the Interview must be true, verifiable and reflect a Finalist’s actual experiences and beliefs. The return of a notification as undeliverable, failure to provide the Round 4 Video or provide an Interview within the specified time period, the inability of Sponsor to contact potential Semi-Finalist within a reasonable time period or noncompliance with these Terms by potential Semi-Finalist FKKS:1609522v.3 25291.100 5
will result in disqualification and, at the sole discretion of Sponsor and time permitting, a runner-up for the applicable Category may be notified.
ROUND 4 VOTING: All eligible Round 4 Videos for each Category will be displayed on Soompi’s YouTube channel between 12:01 a.m. PT on October 8, 2017 and 11:59 p.m. PT on October 13, 2017 (“Round 4 Voting Period”). Visitors to the channel will have the opportunity to vote for the Finalist(s) from each Category they think shows the most talent. Limit one (1) vote per person per Finalist per every hour. Votes received from any person in excess of the stated limitation will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, paying for votes, trading votes or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion; all such votes will be void and such contestants may be disqualified, at Sponsor’s discretion. The Finalist in each Category who submitted the Round 4 Video to receive the highest number of valid votes, as determined by Sponsor in its sole discretion, will be deemed the Category Winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie in any Category, an additional, “tie-breaking” judge will determine the Category Winner using on the applicable Category’s judging criteria from the Round 3 Judging. In the event of a tie for the Grand Prize, the Grand Prize winner will be determined based on the Finalist who received the most valid votes for all Rounds combined. Sponsor reserves the right to not select a Category Winner if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Round 3 Videos for that Category. Sponsor will not reveal the number of votes or judging score (if applicable) for any Round 4 Video.
USE OF COMPETITION MATERIALS: For the purpose of these Terms, the Entry, Round 2 Video, Round 3 Video, Round 4 Video and Interview will be collectively referred to herein as the “Competition Materials.” By submitting any Competition Materials, participant (and, if an eligible minor, such minor’s parent or legal guardian) hereby grants to Sponsor and its designees, successors, licensees and assigns a nonexclusive license to reproduce, distribute, display, perform, create derivative works based upon, and otherwise exploit the Competition Materials and all elements embodied therein, in whole or in part, together with participant’s name, city and state/province of residence, biographical information and likeness, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without further compensation, notification or permission. Participant (and, if an eligible minor, such minor’s parent or legal guardian) agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Competition Materials by third parties. Sponsor has no obligation to make use of the rights granted herein.
WINNER NOTIFICATION: Potential winners (and, if an eligible minor, such minor’s parent or legal guardian) will be notified by email and required to execute an Affidavit of Eligibility, and a Liability and Publicity Release (unless prohibited by law) as well any other documents required by Sponsor, which must be returned within seven (7) days of date appearing on award notification. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact potential winner within a reasonable time period or noncompliance with these Terms by potential winner will result in disqualification and, at the sole discretion of Sponsor, the prize may be provided to a runner-up. FKKS:1609522v.3 25291.100 6
PRIZES: GRAND PRIZE (1): A trip for winner to Seoul, South Korea for the opportunity to audition in-person for the Rising Legends partner agency. Winner will be asked to take video of his/her trip and provide such footage to Sponsor (“Trip Footage”) who will have the right to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Trip Footage and all elements embodied therein, along with winner’s name, voice, biographical information, image and/or likeness, in any manner and in any and all media (including, but not limited to, on Sponsor’s website and social media channels), now known or hereafter devised, throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without further compensation or notification to, or permission from, winner or any third party and hereby waives any moral rights in Trip Footage. Trip includes round trip, coach-class air transportation for winner (and, if winner is an eligible minor, round trip, coach-class air transportation for his/her parent or legal guardian) from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Seoul, Korea; five (5) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (one (1) room, double occupancy); and travel medical insurance coverage for the duration of the trip. Approximate Retail Value (“ARV”): US$3,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. All travel arrangements will be made through Sponsor’s agent. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Notwithstanding the foregoing, Sponsor will make reasonable efforts to select travel dates acceptable to winner. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability and blackout dates. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Competition, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, baggage fees, 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 winner. If applicable, parent or legal guardian must travel on same itinerary and at the same time as the winner. Travel companion (if winner is a minor) must execute liability/publicity release prior to issuance of travel documents. Winner and travel companion (if winner is a minor) are solely responsible for obtaining valid passports, visas and/or any other documents necessary for international travel. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if any prize component is delayed, postponed or cancelled for any reason in which event that portion of prize is forfeited in its entirety, no substitution will be provided except as in Sponsor’s sole discretion. CATEGORY WINNER PRIZE (1 PER CATEGORY): A video interview with the Rising Legends partner agency (Cube Entertainment Inc.) for the opportunity to be signed to their label. This prize has no cash value.
There is no guarantee that any winner will be offered the opportunity to sign with the label or partner agency. Prizes are awarded “as is” with no guarantee, either express or implied. All federal, state and local taxes (including income and withholding taxes) as well as all costs and expenses associated with prize acceptance and use not specified FKKS:1609522v.3 25291.100 7
herein as being provided are the sole responsibility of the winners. Winners may not substitute, assign or transfer a prize or redeem a prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion.
RELEASE OF LIABILITY: By participating, participants (and, if an eligible minor, such minor’s parent or legal guardian) agrees to release, indemnify, discharge and hold harmless Sponsor, its parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from participant’s participation in the Competition or any Competition-related activity, the acceptance, possession, use or misuse of a prize (including any travel or activity-related thereto) and/or use by Sponsor of the rights granted herein.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, email, votes, links or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer/tablet, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Competition, including, without limitation, errors or difficulties which may occur in connection with the administration of the Competition, the processing or evaluation of Entries, or in any Competition-related materials. Persons who tamper with or abuse any aspect of the Competition, who act in an unsportsmanlike or disruptive manner or who are in violation of these Terms, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Competition for any reason. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
WINNERS LIST: For the names of the winners (available after October 20th, 2017), visit www.soompi.com/legends.
SPONSOR: Viki, Inc., 800 Concar Drive, Suite 175, San Mateo CA 94402.