Official Entry Agreement  

In consideration of Entrant’s participation in the The Showcase Tour (“TST”) Competition (the “Competition”) by submitting to TST an original work of authorship to be judged in the Competition (the “Work”), and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Entrant agrees to the terms and conditions of this Agreement. This document comprises the complete Understanding and Agreement between TST and the Entrant:

1. GENERAL AGREEMENT:

Entrant wishes the Work to be considered in the The Showcase Tour (“Competition"), a musical talent contest. The Entrant hereby agrees to comply with the terms and conditions of this Agreement as a condition of participation. The Official Rules and Regulations are delineated herein and this full Agreement is also available for download from the The Showcase Tour website (“The Website”).

2. ENTRANT ELIGIBILITY AND RESPONSIBILITY

a. Entrant hereby affirms that he/she:

● is not an employee, contractor, or official of TST or any related or affiliated organization; and

● is at least age 18; and

● is a resident of one of the following countries: Canada, United States of America, Mexico, United Kingdom, Australia, Ireland. b. Teams, with all individuals meeting the requirements in 2a, may also enter and may consist of any number of individuals. Teams are required to have all individuals agree to the terms and conditions of this Agreement and must designate one primary artist (the “Entrant”). Individual Team members may be under the age of 18 so long as each member has a parent or legal guardian agree on that person’s behalf to the terms and conditions of this Agreement. c. Entrant agrees that he/she shall be the primary contact with TST and will sign and abide by this Agreement, as well as any other release forms or official documents regarding participation in the Competition and subsequent exhibitions or distribution of the submitted material requested by TST. d. The Entrant agrees to assume all responsibility and liability with respect to the Work and the production, distribution, public display and performance and the reproduction thereof. e. TST reserves the right, at its sole discretion, to bar any Work, Entrant, team or individuals from the Competition at any time. f. Entrant agrees that TST has the sole discretion to award any prizes or designate any winners of the Competition and that any decision of the judges of the Competition shall be final.  

3. WARRANTIES AND REPRESENTATIONS BY ENTRANT

Entrant warrants and represents that the following are true and correct and will remain so throughout the Agreement Term:

a. Entrant has the full right, authority and capacity to enter into this Agreement and to

grant all of the rights set forth in this Agreement to TST (the “Licensed Rights”). b. Entrant is the owner of all rights, title and interest in and to the Work and has not assigned, licensed or hypothecated such rights to any other individual or entity. c. If Entrant is awarded a cash prize for the Work, and the Work has not been previously registered, Entrant will register, at its sole expense, its claim to copyright in the Work with the U.S. Copyright Office at the US Library of Congress within thirty days of the notification of the award. d. The Work is an original work of authorship wholly original to the Entrant and in no part based upon or derivative of any other work including but not limited to any other literary or visual or audio material, dramatic work, motion picture, television production, or other creative work. e. The Work and the exercise of any Licensed Right will not during the Term: (1) defame or hold in a false light, or infringe any right of privacy, right of publicity or other personal right of any person; or (2) infringe any copyright, patent, trademark, service mark, trade dress, trade secret, or any other intellectual property right of any person or entity or any agreement with third parties. f. Any and all required permissions, releases and clearances relating to the Work have been obtained by Entrant in favor of TST. g. The Materials have been solely produced by Entrant and are free and clear of all liens, encumbrances and hypothecations. h. Entrant gives TST non-exclusive rights to enable TST to exercise all of the Licensed Rights set forth in this Agreement.  

4. RELATIONSHIP OF THE PARTIES

a. Entrant does not become an agent, employee, or representative of TST in any fashion or manner through his/her participation in the Competition, or by use of the Work by TST or grant of the Licensed Rights. b. Entrant may not advertise or use the TST logo or name in marketing without the prior written permission of TST, which permission TST may grant at its sole discretion. c. TST is the organizer of the Competition. TST is granted certain Licensed Rights herein for use of the Work at its sole discretion, but TST is in no way obligated to exercise the Licensed Rights or use, distribute, or otherwise promote the Work.

5. CONTENT AND SUBMISSION REQUIREMENTS:

a. Entrant understands that this Agreement will govern both the content of the Work as well as all aspects of the submission, including size, length, and format. Entrant agrees to read and abide by these regulations. Any Work that does not conform to these requirements may be disqualified, at the sole discretion of TST.

b. Original Work.

The Work Entrant submits must be an original work, created solely by Entrant or Entrant’s team. It may not be a copy of another party’s work. It may not include content that is copyrightable by anyone else. Entrant is solely responsible for any copyright infringement. We reserve the right to request proof that the Work is Entrant’s original Work created solely by Entrant.

c. Multiple Entries.

Entrant may enter multiple work as it wishes in each competition as it wishes. Each work is considered a separate entry and Entrant agrees each separate entry shall be governed by the terms and conditions of this Agreement. TST reserves the right, at its sole discretion, to change the number of entries at a future date. There are no restrictions to the number of competitions an Entrant can submit or the number of prizes that can be won.

d. Submission Deadline.  

For TST competitions, there is a deadline posted on the website of TST, for each separate competition. No Works will be accepted past the posted deadline.

e. Public Relations.

If Entrant wins the Competition, it agrees to cooperate with TST’s public relations efforts, advertising and promotion relating to the Competition. Entrant grants TST the right to use Entrant’s name, biographical information, image and likeness in connection with the activities set forth above.

f. Taxes.

Winners shall be solely responsible for all international, federal, state, and local taxes.

g. Compliance with law.

Entrant agrees to follow all international, federal, state, and local laws, rules and regulations.

6. COPYRIGHT

Entrant retains all rights, title and interest in and to copyright to the Work without exception, but grants TST the non-exclusive Licensed Rights in set forth in this Agreement.

7. GRANT OF RIGHTS AND LICENSES

Entrant grants TST and its licensees and assigns a non-exclusive, royalty free, paid up, perpetual license and right throughout the Territory to reproduce, distribute, create derivative work based upon, publicly perform and display the Work in all formats and in all media whether now known or later developed for any purpose, including on TST’s website, in publications, and to provide any images of the Work in digital or other form to TST hosts to distribute, publicly display and perform the Work to the public, to groups and organizations, as well as at festivals and events. Reproductions of the Work may be included in materials that are given away, and may be combined with other art, with design, and with text. TST will use its best efforts to credit or attribute the Work to you. If TST wishes to use the Work in a money-making venture, TST will negotiate for those rights separately. TST will exercise the above rights to (1) promote, gain exposure for, further advance and to generally support the continuation of the Competition; and (2) to promote the musical and performing arts; and (3) to consistently expose a mass audience to musical and performing art. This grant of rights shall in no way obligate TST to exercise the rights it is granted herein. Entrant waives all moral rights whether now existent or created in the future. Without limiting the foregoing grant, and as part of the Licensed Rights:  

a. Entrant grants TST throughout the Territory the non-exclusive right to reproduce, recreate, donate, give away, distribute and/or use in all media now known or later developed Copies of The Work, either packaged individually or as part of an entry compilation offering.

b. “Copies” in this Agreement means reproduction in all media now known or later developed, both physical media (DVD, Blu-Ray, etc.) and Internet downloads and streaming. c. Entrant grants TST the right to create derivative works from the Work, to reproduce, distribute, publicly perform and display the Work or any portions thereof in derivative works, in all media now known or later developed. d. Entrant grants to TST the use of any and all media submitted, including but not limited to audio, video, and images, Entrant’s behind the scenes footage (shot by Entrant or TST), film, publicity, and still photos, to promote all TST programming and for promotion of the Competition and TST’s goals. e. Entrant grants to TST the right to use or sublicense the Work and Entrant’s name, image and likeness for news broadcasts and promotional purposes including streaming on the Internet without restriction as to the number of minutes used, the form of media, or the format in which it is presented. Further, Entrant grants to TST the right to give away montages or compilations of Entrant’s submissions of the Work as part of the TST Program without restriction. f. Entrant grants to TST the non-exclusive right to stream any part of the Work and all promotional media anywhere on the Internet without compensation, to promote the artist and the Competition and TST Program. g. TST may license, sublicense, or assign any or all of the Licensed Rights to any third party at its sole discretion.

8. ASSIGNMENT OF RIGHTS

Any assignment by Entrant of his/her rights, duties and obligations, whether voluntary or involuntary, or by operation of law, shall be subject to the rights granted to TST in this Agreement and shall not operate to relieve or discharge Entrant of any of his/her duties or obligations or deprive TST of any of its Licensed Rights.

9. PRIZE PAYMENTS.

Cash prizes can be paid through PayPal or other commonly used and accepted money transfer application or by a check mailed to the winners within 7 days of the notification of winning and all applicable paperwork being submitted.

10. TERRITORY

United States of America, Canada, Mexico, Australia, United Kingdom, Ireland.

11. TERM

The lifetime of the Entrant plus seventy (70) years.

12. DISQUALIFICATION

Should Entrant violate any of the warranties expressed herein, upon discovery it shall be automatically disqualified from the competition and subject to forfeiture of any and all benefits received therein, if applicable.

13. ARBITRATION AND GOVERNING LAW

Any disputes or controversies arising under this Agreement shall be submitted to binding arbitration in Boston, MA. The arbitration shall be administered in accordance with the jurisdiction and rules of the American Arbitration Association (AAA), for submission to a single arbitrator. The Arbitration shall be held in English.

This Agreement shall be interpreted, construed and enforced under the internal substantive laws of the State of Massachusetts including the Copyright Laws of the United States without regard to any conflicts of law provisions.

14. INDEMNITY

a. Entrant agrees to indemnify and hold harmless TST, its partners, successors, licensees, contractors, and assigns, and each of them (the “Indemnified Parties”) from any claim or liability, whether actual or potential, which may arise from either the exercise of the Licensed Rights or, any use of the Work by Entrant, or any claim or liability arising from Entrant’s participation in the Competition. Entrant also agrees that in the event any claim is asserted against the Indemnified Parties, the Entrant will defend TST from any such claim at Entrant’s sole cost. b. Entrant further agrees to indemnify the Indemnified Parties from, from any losses, damages, liabilities, claims, costs and expenses, including legal fees, arising as a result of any breach of any warranty, undertaking, representation or agreement made or entered into hereunder by Entrant, including, but not limited to Section 3 (REPRESENTATIONS AND WARRANTIES). c. TST shall not be liable for any disputes between collaborators arising under or related to the Competition.

15. NOTICES

Whenever notices are required to be given under this agreement, they shall be addressed to Entrant at the Address on the cover page of this Agreement.

16. FINAL AGREEMENT

The parties agree that this Agreement represents the final and complete understanding and agreement between the Entrant and TST and that any oral or written statement or representation regarding the same is superseded by the agreements herein. Entrant warrants that it is entering into this Agreement voluntarily and that TST has made no inducement and/or representation not set forth herein. This Agreement and the subject matter thereof may not be modified or waived without the express written consent of the parties.

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