A rap battle competition to find the next best freestyle rapper presented by BET
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS COMPETITION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. A VALID YOUTUBE ACCOUNT IN YOUR LEGAL NAME AND INTERNET ACCESS ARE REQUIRED FOR ENTRY. DATA CHARGES MAY APPLY. THIS COMPETITION IS VOID WHERE PROHIBITED BY LAW.
PLEASE READ THESE COMPETITION OFFICIAL RULES (“OFFICIAL RULES”) CAREFULLY, AS THEY GOVERN THE REQUIREMENTS TO PARTICIPATE AND ADVANCE IN THE COMPETITION AND THEY GRANT PRODUCER VARIOUS PERPETUAL RIGHTS IN YOUR MATERIALS AND PERFORMANCE AND LIKENESS.
1. Competition Overview:
A. “Producer”: Black Entertainment Television LLC (“BET”, “Network”, “Producer”) is the producer of this Competition and is referred to as Producer in these Official Rules, where appropriate.
B. “Competition Overview”: As more fully set forth below, the Competition is a performance-based competition in which unsigned, amateur individual artists who meet the Eligibility Requirements set forth below (each an “Entrant,”) can upload on YouTube (“YouTube”) an original audiovisual video of himself or herself: (i) performing a wholly original rap song written and performed entirely by Entrant as a solo act, (ii) that contains the hashtag #FreeStyleFridayBET (“Competition Hashtag”) in the YouTube title field (collectively, the “Video Submission”), to be eligible to compete for the opportunity to perform as the opening act for the BET Experience Saturday Night Concert at the Staples Center, in Los Angeles, California, on June 23, 2018 during the BET Experience. Eligible Video Submissions that meet the requirements set forth herein and that are submitted within the permissible Video Submission Periods below will be reviewed by Producer representatives and one (1) celebrity judge from the entertainment industry (“Semifinalist Judges”) who will select up to One Hundred Fifteen (115) of the Video Submission Entrants with the highest scores to move forward as semifinalists (the “Semfinalists”) in the Competition. The Semifinalist Judges will determine the Semifinalists in their sole and absolute discretion judging each Semifinalist evenly on the following criteria: (1) creativity, (2) performance, (3) lyrics, and (4) potential appeal to Producer’s target audience (the “Criteria”). Actual number of Semifinalists may vary based on number of Entrants for each Studio Session (as defined below). There will be up to twenty-five (25) Entrants invited to compete in the Toronto, Canada (“Toronto”) Studio Session and there will be up to thirty (30) Entrants invited to compete in the New York, NY (“New York City”), Los Angeles, CA (“Los Angeles”) and London, England (“London”) Studio Sessions. Producer will notify each Semifinalist by posting a message on each Semifinalist’s YouTube page inviting them to compete in a Studio Session (as defined below).
Producer will have four (4) live studio Competition sessions (each a “Studio Session”) in each of the following four (4) cities: New York City, Toronto, London and Los Angeles (each a “Designated City”). Finalists will be offered an opportunity to attend a Studio Session that is closest to the Entrant’s current residence (as determined by Producer) at the date designated herein. No travel arrangements will be provided by or paid by Producer and each Semifinalist is responsible for his or her own travel arrangements and costs. Semifinalists attending each Studio Session will be given the opportunity to perform one live wholly original freestyle rap up to sixty (60) seconds in length to accompany a beat/backing track provided by Producer. Each Semifinalist will randomly select a number from a hat upon entering their applicable Studio Session. This number will designate the order in which they will compete. The specific beat/backing track that will be used by each Semifinalist at the Studio Sessions will be created by Producer and randomly selected by each Semifinalist on location. There will be a selection of three (3) beats/backing tracks. A celebrity rapper will be in attendance at each Studio Session and will rap to each beat/backing track at the start of each Studio Session so that each Semifinalist can hear the beats/backing tracks prior to their performances. Each Semifinalist will randomly select a beat/backing track from a crate when it is their turn to compete. Upon conclusion of their performance, each Semifinalist will be interviewed live by Producer. Thirty (30) DJs from the BET Awards Radio Room and one (1) celebrity judge from the entertainment industry (“Finalist Judges”) will have forty-eight (48) hours to review all of the Semifinalists’ performances and will select the top ten Semifinalists (“Top 10”) scoring them from 1 (poor) to 10 (excellent) on each Criteria. Immediately upon the conclusion of the forty-eight (48) hour voting period, the foregoing Finalist Judges will submit their results to BET. Immediately thereafter, BET and one (1) celebrity judge from the entertainment industry will review all of the Top 10’s scores and will select the emcees who had the highest scores at each Studio Show (the “Finalists”) and shall notify each Finalist via email as more fully described herein. One (1) Finalist will be selected from each city (i.e. a total of four (4) Finalists). Each Finalist is required to bring CD quality recordings of two (2) five (5) minute rap songs in the event they are selected as the Winner.
Each Finalist will be given an opportunity to travel to Los Angeles to compete in the live Finals phase of the Competition where each Finalist will each battle on the Main Stage at Fan Fest during the BET Experience on June 22, 2018 (“Main Stage”). Upon the start of the Main Stage battle, each Finalist will randomly pick a number out of a hat with such number designating the order in which they will compete. Each Finalists’ performance must be up to one (1) minute in length. There will be no beat/backing track used for any of the Finalists’ performances. The competition will be judged by five (5) celebrity judges from the entertainment industry (“Finalist Judges”). Upon the conclusion of all of the Finalists’ performances, each Finalist Judge will select their choice for the winner based evenly on the Criteria. The Finalist who receives the most votes is the winner (“Winner”) of the Competition.
The Winner will be given an opportunity to perform an approximately two (2) to five (5) minute wholly original rap song live as the opening act for the BET Experience Saturday Night Concert at the Staples Center, in Los Angeles, California, on June 23, 2018 during the BET Experience. The Winner must provide their own wardrobe, grooming/hair and make-up services. The Winner will be required to rehearse with the time, place and location of such rehearsal determined by Producer in its sole discretion.
Video Submissions, Studio Sessions, Finals, Finals and Winner performances and/or all or part thereof may be live streamed on Producer’s YouTube channel and/or, social media platforms and may be broadcast on one or more of Producer’s television, digital or other linear platforms at one or more later dates in Producer’s sole discretion (any and all such transmissions and/or uses are referred to herein as the “Project”).
PLEASE NOTE THAT ANY AND ALL SUBMISSIONS AND METADATA SUBMITTED FOR THIS COMPETITION MAY BE PUBLICLY VIEWABLE. IN ADDITION, ENTRANTS ACKNOWLEDGE THAT THEIR VIDEO SUBMISSIONS MAY BE REPOSTED BY THE PUBLIC AND/OR OPEN TO PUBLIC COMMENTARY, FOR WHICH PRODUCER SHALL NOT BE LIABLE. VIDEO SUBMISSIONS, STUDIO SESSIONS, SEMIFINALS, FINALS AND WINNER PERFORMANCES AND/OR ALL OR PART THEREOF MAY BE LIVE STREAMED ON PRODUCER’S YOUTUBE CHANNEL AND/OR, SOCIAL MEDIA PLATFORMS AND MAY BE BROADCAST ON ONE OR MORE OF PRODUCER’S TELEVISION, DIGITAL OR OTHER LINEAR PLATFORMS AT ONE OR MORE LATER DATES IN PRODUCER’S SOLE DISCRETION.
Any questions or comments regarding the Competition should be directed to firstname.lastname@example.org.
By entering the Competition, Entrant hereby grants to Producer (and any and all of Producer’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors and assignees and licensees) the non-exclusive, worldwide, perpetual, irrevocable right and license (as applicable), but not the obligation, to use, exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, superimpose, rebroadcast, transmit, record, publicly perform and distribute, all of Entrant’s performances in connection with the Competition, including without limitation, the Video Submission, all raps and/or songs performed by each Entrant (including the lyrics), the Studio Sessions, the Semifinalist and Finalist performances (as applicable) (collectively, each Entrant’s “Performances”), and/or any portions, elements, and/or excerpts thereof, as well as the Entrant’s name, YouTube username, city and country, biographical information, statements, voice, clips of the Performance, photographs and/or other likenesses (unless prohibited by law) (collectively the “Entrant Materials”), in any manner, in any and all languages, an unlimited number of times, in any and all media, now known or hereafter devised for any purpose. Producer may use any of the Entrant Materials/Performances to advertise, promote and publicize, the Competition, Producer, Producer’s businesses, products and/or worldwide programming services and/or Producer’s websites in all media throughout the universe, whether now known or hereafter devised, in perpetuity, for an unlimited number of times, for any purpose and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed, edited, and superimposed versions of the Entrant Materials and/or Performances. Entrant acknowledges that Producer may use the Entrant Materials and/or Performances in accordance with the permission granted herein without any payment to Entrant or any third party. Producer will own all rights in the Project (and all elements thereof) in any and all media, whether now known or hereafter devised for any purpose. Producer will have final approval overall Project elements.
A. Four (4) Finalists will each be eligible to travel to Los Angeles, California to compete in the Finals at the Main Stage on June 22, 2018. Confirmed Finalists will also receive one (1) roundtrip coach class airfare to/from Los Angeles (or round-trip ground transportation if Entrant is a Los Angeles area resident), one (1) standard hotel room on such dates as specified by Producer, roundtrip ground to and from airport and hotel and $64 per diem while in Los Angeles on such other dates as specified by Producer.
B. In addition to the Prizes awarded above at the Finalist level, the Winner will also get the opportunity to perform as the opening act for the BET Experience Saturday Night Concert in Los Angeles, California at Staples Center on June 23, 2018 during the BET Experience. The Winner must be available and ready and willing to rehearse such performance on a date and time and at a location as determined by Producer in its sole discretion.
Approximate retail value is as follows:
New York City: $833.33 for round-trip airfare with $150 in roundtrip ground transportation to and from airport and hotel
Canada: $833.33 for round-trip airfare with $150 in roundtrip ground transportation to and from airport and hotel
England: $833.33 for round-trip airfare with $150 in roundtrip ground transportation to and from airport and hotel
Los Angeles: $150 for roundtrip ground transportation to and from Finalist’s home and hotel
Prizes have no cash value. Prizes must be accepted as awarded and are not convertible to cash. Prizes may not be sold, traded or transferred. Producer reserves the right in its absolute discretion to substitute a prize or prize component for one of equal or greater retail value for any reason whatsoever. Any portion of the Prizes that are not accepted by the Finalists or Winner (as applicable) will be forfeited.
Costs and expenses incurred by the Finalists and Winner in claiming or using the Prizes and which are not outlined in the above Prize descriptions are the sole responsibility of the Finalist or Winner (as applicable) and include but are not limited to: applicable airport departure taxes, airport parking fees, airport improvement fees or similar charges; medical and travel insurance; hotel room service; laundry service; local and long distance telephone calls; internet charges; merchandise and souvenirs; incidental expenses; gratuities; and all other costs and expenses not specifically included in the above Prize descriptions.
Odds of winning depend on the total number of eligible Video Submissions received.
4. “Video Submission Periods: Entrants from each Designated City must upload their Submission Video within the following time periods only to be eligible for the Competition:
A. New York City: begins March 16, 2018 at 12:01 AM U.S. Pacific Standard Time and ends March 25, 2018 at 11:59 PM U.S. Pacific Standard Time.
B. Toronto: begins April 11, 2018 at 12:01 AM U.S. Pacific Standard Time and ends April 20, 2018 U.S. Pacific Standard Time.
C. London: begins May 2, 2018 at 12:01 AM U.S. Pacific Standard Time and ends May 11, 2018 U.S. Pacific Standard Time.
D. Los Angeles: begins May 31, 2018 at 12:01 AM U.S. Pacific Standard Time and ends June 8, 2018 U.S. Pacific Standard Time.
5. “Eligibility Requirements”: The Competition is open only to individuals who meet the following Eligibility Requirements:
A. Must be at least 21 years of age or older at the time of entry
B. Must be a current subscriber to the BET YouTube channel at the time of entry and throughout the Competition
C. Must have a valid and current YouTube account at the time of entry and throughout the Competition
D. Must be willing, available and able to travel to and remain in Los Angeles on the designated dates (currently scheduled for June 21-24, 2018 which can be modified at Producer’s sole discretion) should Entrant advance in the Competition to a Finalist. Finalists that are not selected as the Winner will leave at an earlier date than the Winner.
E. For U.S.-based Entrants: must have valid driver’s licenses and/or passports which will allow them to fly to Los Angeles at the time of entry. Producer is not responsible if Entrant is denied entry into Los Angeles for any reason.
F. For Canada and England-based Entrants:
1. Canadian residents: must be legal residents of Canada and must have a valid passport for entry into the United States. Producer is not responsible if Entrant is denied entry into United States and/or Los Angeles for any reason.
2. England residents: must be legal residents of England, must have a valid passport for entry into the United States and must have all applicable visas needed for entry into the United States (if applicable). If Entrant does not have the foregoing visa, Entrant must be willing to apply and pay for any applicable visas if needed and must obtain such visa before departing for the United States. Producer is not responsible if Entrant is denied entry into United States and/or Los Angeles for any reason.
G. Must not, in any single calendar year, have earned money as a performer (i.e. as an actor, dancer, rapper, singer, etc.)
H. Must appear in the Submission Video alone/solo
I. Must sign these Official Rules (“Entrant Agreement”), an appearance release and materials release (if applicable) before appearing on-camera and such other agreements, rules and documentation required by Producer
J. Semifinalists must not bring guests to the studios
K. May not be, or have an immediate family member (including, without limitation, spouse, ex-spouse, domestic partner, ex-domestic partner, parents, grandparents, siblings, children, and step-children), and/or those living in Entrant’s household (whether or not related) who is, an employee, officer, or board member of any of the following, either currently or within the last two (2) years:
1. Viacom Inc., Viacom International Inc., BET, or any of their respective affiliated or subsidiary companies or divisions (including, without limitation, BET Her, MTV, MTV2, MTVU, VH1, COMEDY CENTRAL, TV LAND, SPIKE, CMT, LOGO, NICKELODEON, NICK-AT-NITE, or EPIX);
2. YouTube and/or Google;
3. Any person or entity supplying prizes and/or services to the Competition or the Project; or
4. Judges or any other person or entity involved in the development, production, distribution or other exploitation of the Competition or Project or any variation thereof.
5. Should any Entrant discover they have an affiliation to any of the above, Entrant shall immediately notify Producer of such affiliation.
L. Must be in compliance with the Content Restrictions set forth below.
M. If any Entrant is a member of a collective bargaining organization, such Entrant is solely responsible for determining whether Entrant’s participation in the Competition and Project complies with Entrant’s obligations under collective bargaining agreements. Producer reserve the right to address any union or guild issues arising from this Competition in its absolute discretion, including disqualifying any Finalist or Winner who would otherwise cause Producer to violate a union or guild agreement.
6. Content Restrictions: Any rap songs/freestyles performed by each Entrant at any stage of the Competition (collectively and individually “Songs”) and any Performances must be 100% the original work and sole property of the Entrant(s) submitting them. Songs and/or Performances must not be collaborative works and must be in compliance with these Official Rules.
A. The Songs and/or Performances must not have been previously commercially released, licensed, optioned (or currently under contract to be optioned), must be free/unrestricted for use hereunder and must not have been included as part of a live stage production, theatrical motion picture, television or online program or submitted in any other competition.
B. Songs and/or Performances must not have won a previous music-based competition. If prior to entering the Competition, Entrant previously submitted the Songs and/or Performances into another rap/rap freestyle competition(s) and did not win or advance in the competition, then Entrant must disclose the name of the other competition at the time of entry. Producer reserves the right to remove such Song and/or Entrant from the Competition. By submitting a Song, Entrant represents, warrants and covenants that it will not be entered into any other contest or competition until the Winner is announced.
C. Entrant acknowledges that Producer may have songs, lyrics, videos, scripts, drafts, motion pictures, television programs, clips and/or other creative materials in development or production that include ideas, words, lyrics, music, concepts, plots, characters, settings, and themes similar to Entrant’s Video Submission or Performances and that Entrant will not be entitled to any compensation or right to negotiate with Producer or any Producer Affiliates because of any such similarities. Nothing in these Official Rules or related materials shall create an implied or express contract to compensate Entrants for their Songs or Performances, unless expressly described in these Official Rules.
D. Must be in compliance with the Eligibility Requirements set forth above.
E. Entrant represents and warrants that all of Entrant’s songs and/or performances in the Semifinalist and Finalist rounds does/do not and will not contain, include or involve any of the following:
· Obscenity or patently offensive materials
· Any words containing the curse words “fuck,” “bitch,” “nigger,” “nigga,” “niggah” and/or any explicit slang for genitalia
· Infringing music, words or other content (e.g., music, words or content that is owned by, was contributed to, or was taken from another person or party other than Entrant)
· Crude, vulgar or offensive pictures, depictions, actions, images, language and/or symbols
· Gang signs or symbols
· Violence or simulated violence
· Explicit or simulated sexual activity
· Illegal drug or alcohol use
· Commercial products (e.g., clothing, shoes, toys, food) and/or their trademarks, brands, logos or endorsements
· Unauthorized trademarks and copyrighted material (e.g., music, fake Oscar statuettes, etc.)
· Apparel that contains, without limitation, any logos, trademarks, pictures, nudity, images promoting violence, images displaying violence, sexual activity, derogatory characterizations of any ethnic, racial, sexual or religious groups, or includs words that are aimed at or are likely to embarrass or humiliate other people or paint any other person in a false light
· License plates, phone numbers, personal addresses – physical or email or otherwise
· Website or web page links
· Derogatory characterizations of any ethnic, racial, sexual or religious groups, words or acts that are aimed at or likely to embarrass or humiliate other people or paint any other person in a false light (publicly or otherwise),
· Harmful to users of the YouTube (including BET’s YouTube page) or could adversely impact the Competition, YouTube (including BET’s YouTube page) and/or other Entrants
· Trespass or the violation of other people’s rights or property
· Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
· Conduct or activities in violation of these Official Rules
· Content or activity that is defamatory, slanderous or otherwise violates the rights of any third party (e.g. rights of privacy)
· Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, or reflect negatively on Producer, as determined by Producer in its sole discretion
Producer is not obligated to, use, publish, display or broadcast any Video Submissions, Songs, Performances or other material submitted by any Entrant or with any entry. Entrant acknowledges that Producer will rely on such Entrant’s agreement and compliance with these Official Rules when Entrant submits or attempts to submit the Video Submission. Producer reserves the right to disregard any submissions that it deems, in its sole discretion, to violate any of its “Standards and Practices” policies or the terms and conditions set forth in these Official Rules. Producer may, but is not obligated to, modify or edit any submitted materials or request Entrants to do so, so that such materials meet such guidelines.
In submitting a Video Submission, each Entrant agrees, confirms and represents to Producer that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Competition that: (a) may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness, or loss or damage to any person, other living thing or any property; (b) is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortious conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party; or (c) violates any of the terms or conditions of these Official Rules.
F. By entering the Competition, entrants represent that they satisfy the above Eligibility Requirements as of the date of entry. Producer is relying on the accuracy of these representations and each entrant agrees that if he or she discovers that any of his or her representations are inaccurate or incomplete, the entrant shall immediately notify Producer. All decisions regarding eligibility requirements and eligibility shall be determined by Producer in its sole and absolute discretion.
7. Timing Requirements/Timekeeping:
A. Entrant’s Video Submission must be at least one (1) minute in length.
B. Each Semifinalist’s Performance at the Studio Sessions must be up to sixty (60) seconds in length (which will be timed by Producer)
C. Each Finalist’s Performance during the Finals must be up to one (1) minute in length (which will be timed by Producer)
D. The Winner’s Performance at the BET Experience must be between two (2) to five (5) minutes in length. The Winner’s chosen song will be reviewed by Producer in advance of performance at the BET Experience to ensure it complies with the foregoing timing requirements and meets Producer’s standards and practices.
E. Timekeeping: Any and all official timings for the Competition shall be kept and determined by Producer in its sole discretion. Final Project content may be edited for timing purposes. Such editing will not affect the outcome of the Competition.
8. Competition Structure:
A. 1st Round (Video Submissions):
1. Video Submissions that do not conform to the requirements in these Official Rules will be automatically disqualified.
2. Each Video Submission that satisfies all the requirements in these Official Rules will be reviewed by the Semifinalist Judges and will be ranked evenly based on the following criteria (“Criteria”):
d) Potential Appeal to Producer’s target audience
3. 2nd Round (Semifinals): Up to One Hundred Fifteen (115) Video Submissions with the highest aggregate scores based evenly on the Criteria will advance to the Semifinals. Producer will notify each Semifinalist by posting a notification to the Semifinalist’s YouTube account prior to their applicable Studio Session. Each Entrant must set their YouTube privacy settings to “Off” in order to receive a potential notification from Producer that they have been selected as a Semifinalist. Producer will post the notifications on the following dates:
a) New York City Finalists: No later than March 25, 2018
b) Toronto Finalists: No later than April 20, 2018
c) London Finalists: No later than May 11, 2018
d) Los Angles Finalists: No later than June 8, 2018
Up to twenty-five (25) Finalists will be invited to compete in the Toronto Studio Session and there will be up to thirty (30) Entrants invited to compete in the New York City, Los Angeles and London Studio Sessions on a specific date (“Studio Date”) depending on each Finalist’s residence (“Studio Session”) as follows:
e) Entrants who reside in or near New York City: March 30, 2018
f) Entrants who reside in or near Toronto: April 27, 2018
g) Entrants who reside in or near London: May 18, 2018
h) Entrants who reside in or near Los Angeles, CA: June 15, 2018
4. The order of performance at each Studio Session will be by random selection. Once in the applicable Studio on the applicable Studio Date each Finalist will draw a number from a hat and that number will represent the order in which such Finalist will participate and perform at the Studio Session.
5. Producer will provide three (3) beats/backing tracks which Producer created. A celebrity rapper will be at each Studio Session and such rapper will perform a freestyle to each beat/backing track so that each Semifinalist can hear the track prior to their performance. Upon conclusion of their performance, each Semifinalist will be interviewed live by Producer.
6. When it is each Semifinalist’s turn to compete, Semifinalist will randomly select one of the beats/backing tracks from a crate. Once selected, Semifinalist will perform an up to sixty (60) second freestyle to the randomly selected track (which is created by Producer) and it will be timed.
7. The Semifinal Performances will be live streamed on Producer’s YouTube channel and/or, social media platforms and may be broadcast on one or more of Producer’s television, digital or other linear platforms at one or more later dates in Producer’s sole discretion.
8. Each Semifinal Performance will be judged by the Finalist Judges based on the Criteria. Each Finalist Judge will be given an MP3 link and a link to the live stream at the end of each respective Studio Session and will be given forty-eight (48) hours from such time to select the top ten (10) Finalists from each Studio Show. At the conclusion of such forty-eight (48) hour window, the Final Judges will immediately send their scores to Producer.
9. Immediately upon receiving the Finalist Judges scores, BET representatives and one (1) celebrity judge from the entertainment industry will review and tally the scores to determine the Finalists. There will be four (4) Finalists, each from one of the Designated Cities Studio Sessions (a Finalist from NYC, a Finalist from Toronto, a Finalist from London and a Finalist from Los Angeles). The New York City winner will be simultaneously notified via email and announced to the public by Producer on April 6, 2018, the Toronto winner will be simultaneously notified via email and announced to the public by Producer on April 27, 2018, the London winner will be simultaneously notified via email and announced to the public by Producer on April 25, 2018 and the Los Angeles winner will simultaneously notified via email and announced to the public by Producer on June 20, 2018. Each Finalist is required to bring CD quality recordings of two (2) five (5) minute rap songs in the event they are selected as the Winner.
10. In the event one of the Finalists is disqualified or cannot attend the Final Round in Los Angeles, the Finalist who received the next highest score during their applicable Studio Session will be selected as a replacement Finalist (“Replacement Finalist”) (by way of example if the highest scored Finalist cannot attend, the second highest scored Finalist will be invited, if the second highest scored Finalist cannot attend, then the third highest scored Finalist will be invited, etc.). The Replacement Finalist will be notified via email immediately.
B. Final Round (Los Angeles):
1. On Friday, June 22, 2018 each of the Top 4 Finalists will be given the opportunity to battle each other on the Main Stage.
2. Upon arriving at the Main Stage, each Finalist will randomly select a number from a hat. This number designates the order in which each Finalist will compete. Each Finalists’ performance must be up to one (1) minute in length and will be timed. There will be no beat/backing track used for any of the Finalists’ performances. Each Finalists’ rap freestyle must be wholly original.
3. Each of Finalist’s raps will be judged by the Finalist Judges evenly based on the Criteria. Upon the conclusion of all of the Finalists’ performances, each Finalist Judge will select their choice for the winner. The Finalist who receives the most votes is the winner (“Winner”) of the Competition.
4. The Winner will have the chance to perform an approximately two (2) to five (5) minute wholly original rap as the opening act at the BET Experience Saturday Night Concert. Winner will be required to rehearse. Such rehearsal times, dates and locations will be determined by Producer in its sole discretion. Additionally, the Winner must provide their own wardrobe, grooming/hair and make-up services in connection with such performance, all subject to approval in Producer’s sole discretion.
9. Prize/Finalists & Winner’s Obligations:
A. There will be four (4) Finalist prizes and one (1) Winner awarded in this Competition.
C. The Prizes will be awarded subject to the condition that the Finalists and the Winner are and remain in compliance with the Official Rules at all times during the Competition. The Prizes cannot be substituted, shared, assigned, transferred, or exchanged. If the Finalist and/or Winner are found to be ineligible or in violation of the representations and warranties in these Official Rules, they will forfeit her/his/their entitlement to the applicable Prize.
D. If the Finalists and/or Winner engage in (1) criminal conduct; (2) behavior (or makes statements), including, without limitation, on social media platforms that is obnoxious, inappropriate, threatening, or illegal, or which shocks, insults or offends a substantial portion of the community or reflects unfavorably on Producer in a significant and material way; (3) behavior that is intended to abuse, threaten, or harass any other person, Producer reserves the right to terminate their right to receive the applicable Prize. In either case, Producer will determine in Producer’ sole discretion whether to award the applicable Prize to the Finalists to the Replacement Finalist or in second place as it relates to the Winner, or another alternate if such second place winner is disqualified.
E. Finalists and/or Winner may be required to sign and deliver additional documents to confirm their grant of rights to submitted materials to Producer (“Additional Documents”). If Finalists and/or Winner do not complete and return Additional Documents within 5 business days after Producer’s (or its designee’s) request, Finalists and Winner hereby irrevocably appoint Producer as their attorney-in-fact with the full power to execute, acknowledge the Additional Documents and to record the Additional Documents in the U.S. Copyright Office or elsewhere. Finalists’ and Winner’s appointment of Producer as its attorney-in-fact is coupled with an interest.
F. All Entrants who are awarded Prizes of any type or value shall be (i) personally responsible for the payment of any and all local, city, state, federal and other taxes and levies on the applicable Prize(s), if any, irrespective of how the Prize is paid or awarded and (ii) required to complete any and all local, city, state and/or federal employment, tax, eligibility and/or other documents required by Producer. Failure to complete any and all documents required by Producer may result in disqualification and/or partial or full forfeiture of the applicable Prize(s). Entrants who win a Prize that has a combined value that exceeds Six Hundred Dollars ($600) will receive a Form 1099, which is the form used to report any taxable prize amounts to the IRS. Each Entrant should consult with his/her own tax advisors regarding the tax consequences of participating in the Competition and/or winning a Prize. All such taxes/levies may be required to be paid prior to such Entrant’s actual receipt of any Prize(s).
10. Semifinalist Verification: Each potential Semifinalist must prove eligibility, including, without limitation, proof of age, residence, and visa status (if applicable) within twenty-four (24) hours of being notified as a potential Semifinalist. In the event of non-compliance by a potential Semifinalist such potential Semifinalist shall be disqualified and all privileges otherwise due as the Semifinalist shall be terminated and an alternative potential Semifinalist may be chosen from among all of the remaining applicable Video Submissions (as applicable) received if time permits in Producer’s sole discretion. Each potential Semifinalist must sign at their applicable Studio Session these Official Rules, an appearance release and a materials release before appearing on-camera and any other documentation required by Producer, which may include signature of a User Generated Content Submission Agreement outlining the rights granted to Producer herein in each Video Submission, tax-related forms, Entrant’s social security number or local equivalent for tax purposes. Failure to return all such documents and comply with deadlines, noncompliance with these Official Rules, or the return of any prize or prize notification will result in disqualification and, in Producer’s sole and absolute discretion, selection of an alternate Semifinalist.
11. Background Checks: Additionally, each of the Finalists may be required to pass a background check (the “Background Check”) to Producer’s satisfaction in its sole discretion before any Prize will be awarded. Any Background Check will take place after the notification of selection as a potential Finalist. If a potential Finalist fails any such Background Check, Producer reserves the right to disqualify such potential Finalist (who will not win any prize) and select another potential Finalist, who will be selected from among all remaining eligible Finalists in accordance Paragraph A.10 set forth herein.
12. Consent to use Name and Likeness: Except where legally prohibited, each Entrant grants permission to Producer, Producer, Producer affiliates, and Network and their respective agents, representatives and designees to use Entrant’s name, address (city and country only), photograph, voice, likeness, and Prize information in any manner, in any and all languages, an unlimited number of times, in any and all media, now known or hereafter devised for any purpose without any additional compensation to Entrant.
13. Representations and Warranties: In addition to all other representations and warranties set forth herein, by entering the Competition, Entrant represents and warrants that: (a) except for elements that are in the public domain, all elements of the Video Submissions, Songs, Entrant Materials and Performances are and shall be wholly original to the submitting Entrant, do not contain and will not contain any material owned, created, or co-created by any third party (except for materials or elements provided by Producer), and are not and will not be a copy or imitation of other material; (b) Entrant has the sole and exclusive right, without the need for any third-party permission, releases or consents, to grant all rights granted to Producer in these Official Rules and Producer may exercise such rights without obligation or liability to any third party; (c) none of the Video Submissions, Songs, Entrant Materials and Performances will defame, slander or infringe the rights of any third party, including, without limitation, copyright, privacy rights, or paint any other person in a false light; (d) none of the Video Submissions, Songs, Entrant Materials or Performances is the subject of any threatened litigation or dispute that could give rise to a litigation; (e) Entrant has not previously commercially released, licensed or otherwise transferred rights to the Video Submissions, Songs, Entrant Materials and Performances to any third party; and (f) Entrant has satisfied all Eligibility Requirements in these Rules at the time of entry into the Competition and will notify Producer if circumstances change which would make Entrant ineligible.
14. No Obligation to Use: There is no guarantee that any Entrant will actually advance in the Competition, appear in the Project or that the Project will be produced or distributed. Producer reserves the right to adjust selection of Entrants and/or to make further determinations as to which Entrants will actually appear in the Project after considering the overall creative needs of the Project. Moreover, Producer reserve the right not to produce, release theatrically, or otherwise exhibit, distribute or exploit the Project and/or to produce the BET Experience.
16. Indemnification: Entrant agrees to indemnify and hold harmless the Released Parties (defined below) from any and all third party claims, damages, demands, costs, expenses, losses and/or liability of any kind, incurred by or claimed against any of the Released Parties and arising from or related to Entrant’s failure or alleged failure to comply with any of these Rules, including without limitation the Eligibility Requirements set forth herein, and/or a breach or alleged breach of the Entrant’s representations, warranties, and covenants in these Official Rules and/or any other documents entered into by Entrant in connection with the Competition or Project.
17. General Conditions:
(a) All decisions regarding the Competition, including all rules and regulations and application and enforcement thereof, the awarding of Prizes, Entrant performance order, beats/backing tracks, judging Criteria and all other elements are at the sole and exclusive discretion of the Producer and are final and not subject to appeal.
(b) In consideration for being considered as an Entrant, each Entrant may be required to review and sign the Entrant Agreement and to review, sign and agree to abide by these Official Rules and other documentation required by Producer. Failure by an Entrant to comply with these requirements may result in disqualification.
17. Production Irregularities:
(a) All decisions regarding technical difficulties, computer or equipment errors, mechanical failures, human errors and/or irregularities, if any, including but not limited to the malfunction of any piece of equipment or electronics, or the failure of any audio equipment, in connection with the Competition will be determined by Producer in its sole discretion and shall be final and binding on all Entrants and not subject to appeal. If a possible irregularity affecting the Competition occurs, Producer will review the situation on a case-by-case basis and take appropriate action to preserve the fairness of the Competition as determined by Producer in its sole discretion. If Producer, in its sole discretion, determines that a technical difficulty, mechanical failure, or human error has corrupted the Competition, Producer may take any remedial or reparative step, which, in its sole discretion, it deems necessary and/or appropriate.
(b) Producer reserves the right, at its sole discretion, to modify, cancel, postpone, delay, suspend and/or terminate the Project in whole or in part in the event that the Project is not capable of running as planned or as intended by these Official Rules by reason of any of the technical or other disabling causes or other causes that, in the sole discretion of Producer, impair, corrupt or interrupt the administration, fairness, security or integrity or proper play of the Project, including without limitation, hurricane, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, war, terrorist threat or activity or insurrection. In such event, Producer may, in its sole discretion: (i) postpone and/or reschedule and/or modify the Project, or (ii) cancel the Project in its entirety.
18. Additional Information; Elimination; Producer Discretion:
(a) Producer may provide additional instructions and information for each phase of the Competition, either orally and/or in writing, prior to and/or during the course of the Competition.
(b) Producer reserves the right, in its sole discretion, to add, remove, disqualify, replace and/or exclude any Entrants at any time for any reason whatsoever or for no reason at all, including without limitation: (i) violation of any portion of these Official Rules or any of Producer’s instructions; (ii) refusal to participate in the activities required by Producer related to the Competition; (iii) improperly interfering with or tampering with any elements of the Competition or related activities, locations or equipment; (iv) if in Producer's sole discretion, an Entrant should not or is not able to continue for any reason in the Competition and/or any related activity; and/or (v) Producer determines in its sole discretion, that an Entrant is not mentally or physically fit to continue in the Competition or if it determines that an individual is disruptive to the production of the Competition or any of the other participants.
(c) Without limiting Producer’s rights herein, Producer reserves the right in its sole discretion to continue and/or discontinue one, some, or all of the rules, Competition, advancement and/or scoring methods set forth herein and may replace such methods with alternative rules, selection procedures different from those set forth herein. Producer reserves the right to provide further details concerning any such matters at a later date and to amend any applicable rules or instructions at any time and for any reason.
(a) Producer, in its sole discretion, will determine the specific locations, dates and times in which the Competition will take place.
(c) Entrants may be required to remain at a Competition location for the duration of the production of the applicable portion of the Competition in which they are involved unless specifically dismissed by Producer.
20. Compliance with Rules: All determinations by Producer shall be in Producer's sole and absolute discretion and shall be final and binding on all Entrants. By entering the Competition, each Entrant agrees to be bound by these Official Rules and to accept all decisions regarding the Competition as binding, final and not subject to challenge, review or appeal.
21. Rule Modification: Producer may, in its sole discretion, amend, delete, suspend, change, supersede and/or otherwise modify or replace these Official Rules prior to or during development or production, whether in writing or orally, and Entrants shall be bound thereby.
18. Governing Law: All disputes concerning the interpretation, validity and enforcement of these Rules or the rights and obligations of Entrants, Producer, Network or the Released Parties in connection with the Competition will be resolved in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
19. Limitations of Liability: The Released Parties are not responsible for: (a) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Competition or the Project; (b) technical failures of any kind; (c) technical or human error that may occur in the administration of the Competition or processing of submissions; (d) incorrect information, whether caused by Entrants, printing errors or any equipment used in the Competition; or (e) any inability of the Winner to accept or use any prize for any reason.
BY PARTICIPATING IN THIS COMPETITION, ENTRANT AGREES THAT PRODUCERS, COMPETITION ENTITIES AND THEIR PARENT COMPANY, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM OR PARTICIPATION IN THIS COMPETITION OR ANY COMPETITION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS COMPETITION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS COMPETITION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
20. No Rescission or Injunctive Relief: All rights granted to Producer under these Official Rules are irrevocably vested at the time of submission. To the maximum extent permitted by law, no breach by Producer of these Official Rules will entitle Entrants to equitable relief, whether injunctive or otherwise; and Entrant explicitly waives the right to seek or obtain any form of equitable relief, including the right to enjoin the development, production, exploitation and/or marketing of the Project. Entrants’ sole remedy for any breach of these Official Rules or any other dispute related to this Competition and Project shall be an action at law for solely for compensatory damages. To the maximum extent permitted by applicable law, Entrant expressly waives all rights to seek incidental, consequential, special, punitive damages, or lost profits.
21. Waiver: Producer’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
22. Severability: Should any provision in these Official Rules be deemed void, invalid, illegal, unenforceable or inoperative, such invalid, illegal, unenforceable or inoperative section or provision shall not affect any other section or provision hereof, and the remainder of these Official Rules shall be effective as though such void, invalid, illegal, unenforceable or inoperative section or provision had not been contained herein.
23. Suspension / Termination: Producer has the right to modify, suspend, or terminate the Competition, if an event beyond Producer’s control prevents Producer from continuing with the Competition (e.g., fire, flood, labor dispute, war, terrorist threat) (each, a “force majeure event”). Additionally, Producer reserves the right to cancel, suspend and/or modify the Competition, or any part of it, if any fraud, technical failures or any other factor beyond Producer’s reasonable control impairs the integrity or proper functioning of the Competition, as determined by Producer in Producer’s sole discretion. WARNING: ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THE COMPETITION OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, PRODUCER RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Producer reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Competition, and/or the legitimate operation of the Competition; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Competition is not capable of running as planned, Producer may, in Producer’s sole discretion, void any suspect entries and (a) modify the Competition or suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Competition altogether and not award the Prize, or select the Winner based on the non-suspect Entries submitted as of the effective termination date.
24. Inquiries: These Official Rules are available on BET.com/freestylefridaybet. The names of the Semifinalists, Finalists and Winner and a copy of these Terms can also be obtained by sending a stamped, self-addressed envelope to 1540 Broadway, New York, NY 10036, 27th Floor, Attn: Department of Business & Legal Affairs. Canadian residents may omit return postage if requesting a set of Official Rules.
25. Release: To the maximum extent permitted by applicable law, Entrant, on behalf of Entrant and Entrant’s heirs, next of kin, spouse or spousal equivalent, guardians, legal representatives, executors, administrators, successors and assigns, (collectively “Releasing Parties”), irrevocably and unconditionally agree not to sue and release the Released Parties from all claims, damages, liabilities, costs, expenses of any kind (including, without limitation, attorneys’ fees) (collectively, “Claims”) using any legal theory (including, without limitation, intentional or negligent infliction of emotional distress, violation of privacy or publicity rights, defamation, false light, breach of implied or express contract, copyright infringement, etc.) arising from participation in the Competition or Project, including, without limitation, the application of the Criteria, selection process, these Official Rules, Entrant’s depiction in the Project, references to Entrant and Entrant’s Songs in the Project, production of a song similar to Entrant’s Songs, or the exhibition or use of any materials submitted by Entrant to Producer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ProducerS shall have no liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of ENTRANT’S PARTICIPATION IN THE PROJECT OR any travel related to the Prize or THE PROJECT.
PLEASE READ THESE RULES CAREFULLY AND COMPLETELY.