NOTE: COMPETITION RULES LAST MODIFIED 14th of July 2008.

Thanks for visiting our site. We look forward to seeing your original hip hop video entry in the Competition!

The Official Rules below are the last word on Project Breakout's Hip Hop Throwdown competition, so please read them carefully, but here's a snapshot of the key details to help you get started.

HOW THE COMPETITION WORKS

1) What is the Hip Hop Throwdown Competition?

• It's a search across the United States and Canada to find and help advance the career of the next great Hip Hop Talent, and provide an amazing opportunity for that artist to advance its career, get some great exposure and earn some cash along the way. This online video competition is for aspiring hip hop artists who wish to earn an opportunity for career advancement. At Project Breakout, we are providing an entertaining, engaging and interactive platform dedicated to helping emerging talent "breakout"!

• Only residents of the United States & District of Columbia, as well as Canada who are 13 years of age and over, can participate. Void where prohibited or restricted, including the states of Arizona, Iowa, Vermont and Connecticut, the province of Quebec, and, additionally in the case of Trivia Challenges as described herein, the State of Rhode Island.

• Simply upload 1 music video that you think best showcases your talents as a Hip Hop artist, and you will be on your way to seeing if you can earn the opportunity to advance your career and earn $2,500 in cash.

 

2) What should I include in my Competition Entry?

Your initial Competition Entry must consist of one (1) Video, but note that should you advance to the Semifinals (Round 2) or Finals (Round 3), you will be required to submit a new original Video.

• Additional Profile Videos (optional): If you wish, you can upload up to four (4) additional examples of your work, that will not be entered in the Competition but serve as a source of entertainment for our community and a way for you to build out your profile and share your portfolio of work. Should you be successful in advancing through to the Semifinals and/or Finals, then you will be required to submit another original video or videos that may be selected from the additional video uploads in your Profile.

• It's also a good idea to tell the audience a bit about yourself, but please restrict any information provided to that which you feel comfortable having in the public domain. Above all else, just be yourself and have a good time!

• Your Videos should be not more than 10 minutes in total running time.

 

3) How does the Competition work?

The Competition consists of a 14-week Competition starting on Thursday, April 24, 2008 and ending on Monday, August 4, 2008 inviting aspiring hip hop artists across the U.S. and Canada, and involving a combination of online audience voting and an expert panel of judges. The following table provides details of each Round of the Competition (please refer to the Official Rules for complete details):

 

The Competition Schedule

 

The Rounds	What Dates?	What Happens?
Soft Launch	Thursday, April 24, 2008	Contestants (who must be 13 years of age or older) are invited to upload their Music Video and enter the Competition. Your entry will automatically be included in the Round 1 Entry/Voting period. Voting officially begins on May 12, 2008.
Official Competition Launch – ROUND 1 BEGINS
Week 1 Entry & Voting	Monday, May 12, 2008 at 12 AM ET to Sunday, May 18, 2007 at 11:59:59 PM ET	Anyone 13 years of age or older may submit one (1) original music video into the Competition. Voting for all entries also commences at the same time on May 12. At midnight on May 18, the top 3 entries ("Pick 3"), as determined by the online audience vote only, make it through to the Semifinals. The remaining entries are automatically rolled over and entered into Week 2 Entry/Voting.
Week 2 Entry & Voting	Monday, May 19 at 12 AM ET to Sunday, May 25, 2008 at 11:59:59 PM ET	New Entry and voting period begins on May 19. All Week 1 entries that did not make it through to the Finals are automatically entered into Week 2. The top 3 are voted through by the audience on May 25.
Week 3 Entry & Voting	Monday, May 26 at 12 AM ET to Sunday, June 1, 2008 at 11:59:59 PM ET	New Entry and voting period begins on May 26. All Week 2 entries that did not make it through to the Finals are automatically entered into Week 3. The top 3 are voted through by the audience on June 1.
Week 4 Entry & Voting	Monday, June 2 at 12 AM ET to Sunday, June 8, 2008 at 11:59:59 PM ET	New Entry and voting period begins on June 2. All Week 3 entries that did not make it through to the Finals are automatically entered into Week 4. The top 3 are voted through by the audience on June 8.
Week 5 Entry & Voting	Monday, June 9 at 12 AM ET to Sunday, June 15, 2008 at 11:59:59 PM ET	New Entry and voting period begins on June 9. All Week 4 entries that did not make it through to the Finals are automatically entered into Week 5. The top 3 are voted through by the audience on June 15.
Week 6 Entry & Voting	Monday, June 16 at 12 AM ET to Sunday, June 22, 2008 at 11:59:59 PM ET	New Entry and voting period begins on June 16. All Week 5 entries that did not make it through to the Finals are automatically entered into Week 6. The top 3 are voted through by the audience on June 22.
Week 7 Entry & Voting	Monday, June 23 at 12 AM ET to Sunday, June 29, 2008 at 11:59:59 PM ET	New Entry and voting period begins on June 23. All Week 6 entries that did not make it through to the Finals are automatically entered into Week 7. The top 3 are voted through by the audience on June 29.
Week 8 Entry & Voting	Monday, June 30 at 12 AM ET to Sunday, July 6, 2008 at 11:59:59 PM ET	New Entry and voting period begins on June 30. All Week 7 entries that did not make it through to the Finals are automatically entered into Week 8. The top 3 are voted through by the audience on July 6.
Round 1 Wild Card Selections	Sunday, July 6, 2008 at 11:59 PM ET	An industry insider will select seven (7) Round 1 entries from the pool of entries not yet selected during the previous 8 weeks by the online audience. These wild card selections will join the other 24 semi-finalists as contestants in Round 2.
THE SEMIFINALS N.B. THE 30 SEMIFINALISTS WILL BE REQUIRED TO SUBMIT A NEW, ORIGINAL HIP HOP MUSIC VIDEO BY NO LATER THAN SUNDAY, JULY 20, 2008.
Semifinals Entry Period	Monday, July 7, 2008 at 12 AM ET to Sunday, July 20, 2008 at 11:59:59 PM ET	Each of the 30 Semifinalists will be required to submit 1 new original Video (which, excluding the Round 1 Entry, may be selected from other Videos posted in the Semifinalist's Profile). Those failing to upload a new entry for Round 2 will be disqualified. Voting is disabled during the Round 2 upload period.
Semifinals Voting/Judging Period	Monday, July 21, 2008 at 12 AM ET to Sunday, July 27, 2008 at 11:59:59 PM ET	The Judges and the Public Voters will view and vote for the Semifinalists' Entries. The Top 6 Semifinalists as voted by the Judges and the online audience will advance to the Finals. The ranking of the Semifinalists' Entries is calculated based on the average Judges' ranking (50% weighting) and the Public Voters vote (50% weighting). The Semifinalists will be announced on Monday, July 28, 2008.
THE FINALS N.B. THE 6 FINALISTS WILL BE REQUIRED TO SUBMIT A VIDEO BY NO LATER THAN SUNDAY, AUGUST 3, 2008
The Finals Entry Period	Monday, July 28, 2008 at 12 AM ET to Sunday, August 3, 2008 at 11:59:59 PM ET	Each of the 6 Finalists will be required to submit 1 new original Video (which, excluding the Round 1 and Round 2 Entries, may be selected from other Videos posted in the Finalist's Profile). Those failing to upload a new entry for Round 3 (Finals) will be disqualified. Voting is disabled during the Round 3 upload period.
The Finals Voting/Judging Period	Monday, August 4, 2008 at 12 AM ET to Sunday, August 10, 2008 at 11:59:59 PM ET	The Judges and the Public Voters will view and vote for the Finalists' Entries. The ranking of the Finalists' Entries is calculated based on the average Judges' ranking (75% weighting) and the Public Voters vote (25% weighting)
Announcement of the Hip Hop Throwdown Grand Prize Winner	Monday, August 11, 2008	We announce the Grand Prize Winner. We will also announce the 2 Runners-up

 

4) How do I enter the Hip Hop Throwdown Competition?

• Simply register or login on our site at www.projectbreakout.com/music2 and submit a video using our video uploader. See the Official Rules.

• You must provide a valid e-mail address upon completing your registration profile; otherwise you will be subject to disqualification from entry into the Competition. Your email address will be used as your username/login ID and be confirmed through an email validation process.

• To be eligible, a single username (login ID) and profile should be used for each Contestant.

• A Contestant must be comprised of not more than three (3) persons. In otherwords, a single hip hop artist or a 2 or 3-person hip hop team may enter as a single Contestant under a single username and profile.

• From Soft Launch on April 24, 2008 through July 6, 2008, you may enter one (1) Video showcasing your Hip Hop talents. As part of your entry, you must complete all requested biographical information for the media page (biography tab), as well as the title, description, and other fields associated with your Video. Please note that should you advance to the Semifinals or Finals (as noted below) you will be required to submit an additional original Video.

• The Video, including without limitation, comments and production must be entirely original.

• No use of copyrighted materials will be permitted, unless you have received the permission of the copyright holder. Also make sure that anyone you are featuring in your Video has given you their permission to appear in your Video.

• The total running time of any video you submit must be no longer than ten (10) minutes.

• The maximum file size of any Photos is 1 MB and must be in JPEG format.

5) What could I win?

What you are really interested to know, right!

• If you win the Hip Hop Throwdown competition, you will earn an amazing career-advancing opportunity, namely, some excellent exposure to Project Breakout's growing online community.

• You will also earn $2,500 in cash.

• Any cash prizes awarded will be paid in U.S. Dollars. Gift cards may, at the discretion of the Operator, be made available through an online retailer operating in the country of residence of any Winner in an amount equivalent to US $50 at the prevailing rate available to the Operator at the time of judging.

• The first six (6) Qualified Contestants to enter the Competition beginning on April 24, 2008 will automatically win a fifty dollar ($50) gift card from Ecko brand.

• The first Qualified Contestant to officially tally 10,000 votes during Week 7 of the Competition (June 23 - 29, 2008) will win a prize package with an estimated retail value of US $500.00 from Instrument Pro.

6) What's in it for me if I am not a contestant?

As a non-contestant, not only can you win a $50 gift card if you are one of the first 6 to enter the Competition, but you can also play an important role by watching, voting and commenting on the Competition Entries. You will have a hand in picking the next Breakout Hip Hop artist!

 

Project Breakout

Hip Hop Throwdown Competition

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THE COMPETITION.
THIS COMPETITION IS OPERATED BY PANORAMA SOLUTIONS INC.,
THE OWNER OF PROJECT BREAKOUT (the "Operator").

Void where Prohibited or Restricted

 

1) COMPETITION GENERAL DESCRIPTION:

The Hip Hop Throwdown Competition (the "Competition") is a skill-based Competition in which Contestants will compete to become a Grand Prize winner. Though Contestants will be able to upload their Video entries (the "Competition Entry(ies)"), from Thursday, April 24, 2008 ("Soft Launch Date"), the Competition officially begins at 12:00:00 AM Eastern Time ("ET") on Monday, May 12, 2008 (the "Competition Start Date"), when Contestants (the "Contestant(s)" or "You") will be invited to enter one (1) video ("Video") into Round 1 of the Competition. There is no fee required to enter the Competition or your Video. Video submissions in any Round must be no longer than ten (10) minutes in total running time.

The Grand Prize winner of the Competition will earn two thousand five hundred dollars ($2,500) in cash (the "Grand Prize").

Members of the general public ("Public Voters") are invited to access Project Breakout's Internet website and the Music Competition tab to view the Competition Entries and to vote for their favorite Contestant. (See Section 3, below, for the classes and definitions regarding participation in the Competition.) Immediately upon upload of the Contestant's Entry Materials, the Public Voters will be able to view, share, comment, and from the Competition Start Date, vote, on each Contestant's Entry Materials. Contestants may submit their Competition Entries from the Soft Launch Date until 11:59:59 PM ET on Sunday, July 6, 2008 (the "Round 1 End Date"), and their Competition Entry Materials may be voted on by the Public Voters during any weekly voting and entry period (the "Weekly Competition Period").

For a period of eight (8) weeks, beginning at 12:00:00 AM ET on the Competition Start Date and on each of the seven (7) successive Mondays thereafter, Contestants will be able to enter the Weekly Competition until 11:59:59 PM ET on the following Sunday (each such period is a "Weekly Competition Period"). The three (3) Contestants receiving the greatest number of votes each week, from the Public Voters will move into the final round (the "Semifinals"). Those Contestants not advancing into the Semifinals will be automatically entered into the next Weekly Competition Period and until the Round 1 End Date will remain eligible to advance into the Semifinals, but each such Contestant's Public Voter vote count will be re-set to zero at the beginning of each Weekly Competition Period. Any Contestants not advancing to the Semifinals by the Round 1 End Date will be eliminated from the competition.

On the Round 1 End Date, a total of thirty-one (31) Semifinalists will have been selected by a combination of the Public Voters (24) and an industry insider (7 wild cards). Beginning at 12:00:00 AM ET on Monday, July 6, 2008 (the "Semifinals Entry Start Date"), each Semifinalist will be required to submit one (1) new, original Video (the "Semifinals Entry(ies)") by no later than 11:59:59 PM ET on Sunday, July 20, 2008 (the "Semifinals Entry End Date"). Other than their Round 1 Competition Entry, each SemifinalistOs Semifinals Entry may be, but it is not required to be, selected from other Videos uploaded to the SemifinalistOs public profile page (the "Profile(s)"). Beginning at 12:00:00 AM ET on Monday, July 21, 2008 (the "Semifinals Voting Start Date") until 11:59:59 PM ET on Sunday, July 27, 2008 (the "Semifinals Voting End Date"), the Public Voters will be able to view and vote on, and our panel of judges (the "Judges") will review and vote on, the new Competition Entries from the Semifinalists. Following the Semifinals Voting End Date, for each Semifinals Entry the Operator will calculate the JudgesO average ranking and tabulate the vote of the Public Voters and determine the final ranking of each Semifinals Entry based on a vote weighting of fifty percent (50%) in favor of the Judges and fifty percent (50%) in favor of the Public Voters (the "Combined Voting"). On the Semifinals End Date, a total of six (6) Finalists will have been selected by the Public Voters and the Judges.

Beginning at 12:00:00 AM ET on Monday, July 28, 2008 (the "Finals Entry Start Date"), each Finalist will be required to submit one (1) new, original Video (the "Finals Entry(ies)") by no later than 11:59:59 PM ET on Sunday, August 3, 2008 (the "Finals Entry End Date"). Other than their Round 1 and Round Competition Entries, each Finalist's Finals Entry may be, but it is not required to be, selected from other Videos uploaded to the Finalist's public profile page (the "Profile(s)"). Beginning at 12:00:00 AM ET on Monday, August 4, 2008 (the "Finals Voting Start Date") until 11:59:59 PM ET on Sunday, August 10, 2008 (the "Finals Voting End Date"), the Public Voters will be able to view and vote on, and our panel of judges (the "Judges") will review and vote on, the new Competition Entries from the Finalists. Following the Finals Voting End Date, for each Finals Entry the Operator will calculate the Judges' average ranking and tabulate the vote of the Public Voters and determine the final ranking of each Finals Entry based on a vote weighting of seventy-five percent (75%) in favor of the Judges and twenty-five percent (25%) in favor of the Public Voters (the "Combined Voting").

On Monday, August 11, 2008 (the "Winner Announcement Date"), the Operator will notify the Finalist receiving the highest (the "Grand Prize Winner") rankings in the Combined Voting, and announce the Grand Prize Winner on the Competition Site.
 
Judging Criteria: In Rounds 2 and 3, the Judges will evaluate Contestants based upon each Competition Entry's abilities as a Hip Hop artist.

 

2) ELIGIBILITY:

This Competition is open to legal residents of the United States (the "United States" or "U.S.") and the District of Columbia, and Canada who: (a) are thirteen (13) years of age or older, and (b) who reside and are physically located at the time of registration, in the qualifying United States and Washington, DC, or Canada but (c) excluding the province of Quebec; the states of Arizona, Vermont, Connecticut and Iowa, and all U.S. territories and possessions, including Puerto Rico and the U.S. Virgin Islands, U.S. or Canadian Military installations located outside of the United States, or Canada, or where prohibited, taxed or restricted by law. Employees and agents of the Operator, its affiliates, subsidiaries, advertising and promotion agencies, sponsors, advertisers, any other prize or award partner or Operator, and any entity involved in the development, production, implementation, administration or fulfillment of the Competition and each of their respective officers, directors and employees (all of the foregoing collectively referred to as "Promotion Entities"), and their immediate family members and/or those living in the same household of such persons, whether related or not, are not eligible to enter the Competition.

 

3) HOW TO REGISTER:

Anyone wishing to participate in the Competition first must register, thereby becoming an eligible Participant and, provided they are logged in, are then able to enter the Competition, vote, comment, share, participate in trivia challenges. Participants submitting Competition Entries are referred to as "Contestants" and are required to provide additional Profile Information as noted in Section 4 hereof. Participants who wish to make comments on (or post icons, if applicable) relating to Competition Entries are referred to as "Commenters;" each Contestant and/or Commenter is a "Participant". All Participants must provide a valid e-mail address upon registration that will be confirmed by the Operator via an email activation link; Contestants failing to provide a valid e-mail address upon registration, are subject to disqualification from the Competition. Participants who wish to vote are referred to as "Public Voters" and are required, along with Commenters, to complete basic registration. Registration is FREE OF CHARGE and available at the Competition Site. As part of the registration process to enter, CONTESTANTS WILL BE REQUIRED TO CLICK WHERE INDICATED TO SIGNIFY THAT THEY ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, including the decision of the Public Voters and the Judges, which are final and binding in all respects. Limit one (1) registration per Contestant (consisting of a maximum of three (3) individuals) and per e-mail address. Any Participant attempting to register, or in the sole discretion of Operator suspected of registering, more than once, by any means, including but not limited to establishing multiple e-mail accounts or Project Breakout IDs will be subject to disqualification from the Competition or if not a Contestant, may have their Project Breakout account cancelled.

 

4) HOW TO ENTER THE COMPETITION:

Once you have completed registration, follow the online instructions to upload your Competition Entry Materials. You may submit only one (1) Video into Round 1 of the Competition, and if you advance into the Semifinals or Finals, must submit a new Video that is not the same or materially similar to your Round 1 or Round 2 Competition Entry, as the case may be. A determination of what constitutes the same or materially similar Competition Entry shall be in the sole and unfettered discretion of the Operator. During the Competition entry process, each Contestant will be required to provide Competition-specific information (the "Profile Information") in addition to the general registration information (the "General Information") provided. Your Competition Entry Materials, should showcase your hip hop talents so that they have the potential to make you one of the Grand Prize Winner (Please refer to the FAQ). Any Video you upload to the Site: (a) must be no more than ten (10) minutes in total running time; (b) must be formatted and encoded according to the requirements you can see in our HELP section; (c) must, in the sole and unfettered discretion of the Operator: (i) contain only content that is suitable for all persons over the age of 12; (ii) not contain any sexually explicit, disparaging, libelous or other inappropriate content or any nudity; (iii) not contain any commercial content that promotes any product or service other than Project Breakout; and (iv) not contain any copyrighted works (other than as owned by the Contestant), and (d) must focus on or emphasize content related to hip hop music. Any elements appearing in your Video, including without limitation music, audio, speech/voiceovers, stills, video, supers, or other audiovisual materials (collectively, "Elements") used must be entirely original and created by you. Use of any Elements or other materials that are not original may result in disqualification of Video, in Operator's sole discretion.

 

5) CONDITIONS OF COMPETITION ENTRY:

Each Contestant retains ownership of any Video it enters into the Competition. However, as conditions of entry into the Competition, each Contestant:

• (a) WARRANTS AND REPRESENTS THAT THE CONTESTANT OWNS ALL RIGHTS TO THE VIDEO(S) IT IS SUBMITTING, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN EACH VIDEO (COLLECTIVELY, THE "COMPETITION ENTRY MATERIALS");

 

• (b) WARRANTS AND REPRESENTS THAT THE CONTESTANT IS THE INDIVIDUAL(S) PICTURED AND HEARD IN THE VIDEO RECORDING, OR, ALTERNATIVELY, THAT THE CONTESTANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE COMPETITION ENTRY MATERIALS TO GRANT THE RIGHTS TO THE OPERATOR DESCRIBED IN THESE RULES, AND CAN MAKE SUCH PERMISSIONS AVAILABLE TO OPERATOR UPON REQUEST;

• (c) WARRANTS AND REPRESENTS THAT ITS COMPETITION ENTRY MATERIALS ARE ORIGINAL AND HAVE BEEN LEGALLY OBTAINED AND CREATED, AND DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY;

• (d) without any promise to pay or payment of monetary consideration whatsoever, irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to copyright (only as applicable), reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Contestant's name, address, image, voice, likeness, statements, biographical material and Competition Entry Materials, including, but not limited to, the Video or digital recording and performances contained in any of the above items, as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Contestant and arising out of its participation in this Competition (with or without using the Contestant's name) (collectively, the "Additional Materials") (in each case, as submitted or as edited/modified in any way, whether by the Promotion Entities, their licensees, or assigns, in the Promotion Entities' sole discretion) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the Contestant or any other party;

• (e) irrevocably grants to Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, unconditional, perpetual and transferable right and license to use the Competition Entry Materials for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the Competition Entry Materials in any media format or medium and through any media channels;

• (f) grants to others: (i) the non-exclusive license to access the Competition Entry Materials through the Competition Site or Project Breakout Video Service; (ii) the ability for Project Breakout registered users ("Project Breakout Users") to vote on, review, comment on, blog and tag the Competition Entry Materials; (iii) the ability to embed Project Breakout's video player with the Competition Entry Materials on the Project Breakout User's web site; (iv) the ability for Project Breakout Users to send and distribute the Competition Entry Materials via e-mail or instant messenger; (v) the ability to access the Competition Entry Materials via Project Breakout's web service APIs or via RSS or any similar XML or related feeds; and (vi) the non-exclusive license to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform the Competition Entry Materials as permitted through the functionality of the Project Breakout Video service and under the Project Breakout Terms of Use (www.projectbreakout.com/index/terms);

• (g) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude Promotion Entities' use of the Contestant's Competition Entry Materials or Additional Materials, or require the Contestant's permission for Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities' use of those Materials;

• (h) acknowledges and agrees that (a) Operator has access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to the Competition Entry Materials in theme, idea, plot, format, characters and/or other respects; (b) the Contestant will not be entitled to any compensation or other consideration whatsoever because of the use by Operator of any such similar or identical material, ideas and/or concepts; and (c) Operator's use of material containing elements similar to or identical with those contained in the Competition Entry Materials or any Video shall not obligate Operator to negotiate with nor entitle Contestant to any compensation or other claim;

• (i) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Promotion Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (a) any Competition Entry Materials or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the Entry of such other material); (b) any breach by Contestant of any warranty, agreement or representation contained in the Official Rules or terms of use or in any documentation submitted by Contestant; (c) the Contestant's conduct during and in connection with this Competition, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

 

California Release of Claims. All California Contestants acknowledge that there is a possibility that, subsequent to its involvement with the Competition and adherence to this Official Rules, the Contestant may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules, and which if known by the Contestant at that time may have materially affected its decision to participate in the Competition. Such Contestants acknowledge and agree that by reason of these Official Rules, and the release contained in the preceding subsections, the Contestant is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Contestants acknowledge that they have read these Official Rules and, as such, hereby have been advised of the existence of Section 1542 of the California Civil Code, which provides:

(1)       "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such Contestants knowingly and voluntarily waive any statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of these Official Rules, and without such waiver the Contestant would not have been permitted to participate in the Competition or compete for or receive a prize. Such Contestants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.

 

6) OPERATOR'S RIGHT TO DISQUALIFY:

At any time during the Competition, Operator reserves the right, in its sole and unfettered discretion, to disqualify and remove any Competition Entry that it believes contains any inappropriate content, infringes the rights of any third party, or otherwise does not meet any other requirements in these Official Rules. The Operator reserves the right to disqualify any Participant, including any Trivia Participant or any Weekly Trivia Winner, Week 7 10K Votes Challenge (Instrument Pro) Winner and/or Competition Winner in the event that the Operator believes, in its sole discretion, that such Participant and/or Competition Winner used technology to gain an unfair advantage over other Participants or Contestants (including but not limited to use of software and computer programs intended to automatically vote or fill out website forms); has engaged in fraudulent conduct; or has failed to comply with the Operator's Terms of Use, or if the Participant is in breach of these Official Rules in any manner. The decisions of the Operator on this and all matter relating to the Competition are final and binding.

 

7) VOTING:

All eligible Competition Entries will be displayed on the Competition Site starting on the Competition Start Date. Between the Competition Start Date and the Finals Voting End Date, anyone will, according to the Competition Description noted in Section 1 hereof, have the oppo rtunity to view and vote on Competition Entries, which Public Voters may do simply by playing a Video and clicking on the Vote button. To be a Public Voter, you must complete basic registration and be logged in when voting. Contestant Competition Entries not advancing through to the Finals in any given week will have their Competition Entries automatically entered in the subsequent week through to the Round 1 End Date. Public Voters will be able to vote again on such Competition Entries, though the vote count of such Competition Entries from the previous week will be re-set to zero. If for any reason any of the Competition Winners or Contestants advancing through to the Finals is disqualified due to a violation of the Official Competition Rules or the Operator's Terms of Use, then the Contestant receiving the next highest number of votes will be deemed a Competition Winner or advance through to the Finals and receive, along with the other non-disqualified Competition Winners the according prize, or qualify for the Finals, as the case may be.

 

8) COMPETITION PRIZES:

Multiple Competition prizes (the "Competition Prize(s)") will be awarded, as noted in this Section 8.

• (a) One (1) Grand Prize Winner (which may be 2 or 3-person hip hop teams) will be chosen (by the vote of the Judges and Public Voters) from among the 6 Finalists and receive Two Thousand Five Hundred United States Dollars (US $2,500) in cash.

• (b) The First six (6) Contestants to enter the Competition will win a gift card from Ecko brand with a total retail value of fifty U.S. dollars (US $50).

The likelihood of becoming a Competition Finalist or the Grand Prize Winner depend upon the number of eligible submissions, each Contestant's hip hop skills, and total votes cast.

Competition Prizes consist of only those items specifically listed as part of the prizes. No substitution or transfer of prize is permitted, except that Operator reserves the right to substitute a prize of equal or greater value in the event that an offered prize is unavailable. All federal, state and local taxes on prizes are the sole responsibility of the winner.

How to Claim Prize. The Competition Winners must return, within five (5) business days after a notification attempt by the Operator, an Affidavit of Eligibility and Liability/Publicity Release ("Release") personally signed by the Winner, and/ or their parent or legal guardian if any individual member of a Winner is under the age of majority in the jurisdiction in which the member of such Competition Winner resides. Failure by each of the Winners to return or deliver the executed Release within the time periods specified, or non-compliance with these Official Rules, or inability to notify any of the Winners will result in that Winner's disqualification and forfeiture of the prize, and an alternate Winner may be selected from remaining eligible entries. If a Winner cannot be reached after a reasonable effort has been exerted, if the Winner is found to be ineligible, the Winner cannot or does not comply with these Official Rules, or if the Competition Winner's prize or prize notification is returned as undeliverable, such Winner will be disqualified and an alternate Winner may be selected at Operator's sole discretion. No prize will be awarded until the Release form is received by Operator. Each individual Competition Winner will be required to provide Operator with its telephone number and complete, current, mailing address. No Competition Winner will be qualified until the Competition Winner's Entry is validated.

 

9) GENERAL RULES:

The Competition is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where restricted or prohibited by law. If applicable, each Competition Winner will receive an IRS Form 1099 for the value of their prizes. By participating in the Competition, including any Trivia Challenge, and/or accepting any prize, Contestants and Participants grant permission to Operator and its advertising and promotion agencies to use their name, likenesses, Competition Entries and any other material submitted in connection with the Competition for purposes of advertising, publicity and promotion purposes, without further compensation to Contestant or Participant, unless prohibited by law. Participants agree to be bound by the Official Rules and the decisions of the Public Voters, the Judges and the Operator (as and where applicable) that are final and binding on all matters relating to the Competition. All matters of time for the Competition will be measured by Operator's computer systems. Operator is not responsible for any typographical or other errors in the printing of the offer, administration of the Competition or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries.

The Operator reserves the right at its sole discretion to disqualify the Competition Entry, any Trivia Participant, or the Vote of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Competition or any Project Breakout website; (b) violating the Official Rules; (c) violating the terms of use and/or general rules or guidelines of any Project Breakout property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Further, Project Breakout reserves the right to disqualify any Competition Entry which, in Project Breakout's sole opinion, is deemed to be offensive, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Competition. CAUTION: ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROJECT BREAKOUT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. All entries become the property of the Operator and may not be acknowledged or returned. E-mail or paper entries are not permitted.

Official Rules are Final and Binding. By entering this Competition, Contestants and Trivia Participants acknowledge that they have read and understand these Official Rules and agree to be bound by and acknowledge compliance with these Official Rules including, without limitation, eligibility requirements and by all the decisions of the Operator. Failure to comply with these or any other Official Rules will result in disqualification. All decisions of the Operator are final and binding on all matters relating to this Competition.

The Operator reserves the right to modify or amend the Official Rules without notice at any time, and such modification will be effective upon posting by the Company on the Site. You should check this Site from time to time to review the current Official Rules.  You agree to be bound by any changes to this Official Rules when you use the Site after any such modification is posted. It is therefore important that you read this page regularly to ensure you are updated as to any changes. The Promotion Entities, and anyone acting on their behalf, will not enter into any communications with any Participant regarding this Competition, except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Official Rules are for the convenience of reference only, and do not form a part hereof, and in no way define, limit, describe, modify, interpret or construe the meanings of the Competition, the Terms of Use, the scope of these Official Rules, or the intent of any paragraph hereof. The Operator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Operator is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Competition or in the announcement of any prize or Competition Winner. Proof of sending or submission will not be deemed to be proof of receipt by the Operator.

If Operator shall desire to secure additional assignments, certificates or other documents as Operator may reasonably require in order to effectuate the purposes and intents of these Official Rules and the Competition, then each Participant agrees to promptly sign and deliver to the Operator the same upon Operator's request therefor.

 

10) LIMITATIONS OF LIABILITY:

The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Competition (including, without limitation, the voting phase of the Competition), or for theft, destruction or unauthorized access to, or alteration of, Competition Entry Materials or Votes. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Contestants or any of the equipment or programming associated with or utilized in the Competition; or for any technical or human error which may occur in the processing of entries or votes in the Competition. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Competition Site or to submit Entry Materials or Votes in connection with the Competition). The Promotion Entities are not responsible for any injury or damage to Contestants or to any computer related to or resulting from participating or downloading materials in this Competition. If, for any reason, the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, Operator (except where prohibited by law) reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition without notice or obligation and select winners from among that portion of the Competition that has not been compromised, if any. If such cancellation, termination, modification or suspension occurs, the Operator will make a commercially reasonable effort to post notice of such on the Operator's website. The Operator is not responsible for any Competition Winner's use or handling of a prize after it has been delivered to the Competition Winner.

 

11) DISPUTES/GOVERNING LAW:

Except where prohibited, as a condition of participating in this Competition, each Contestant/Participant/Public Voter/Trivia Participant [hereafter sometimes collectively referred to as "Complainant(s)"] agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Competition, or any prize awarded, or the determination of any winner or winners shall be resolved individually by arbitration without resort to any form of class action. Further, in any such dispute, under no circumstances will Complainant(s) be permitted to obtain awards for, and Complainant(s) hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Complainant(s)' actual out-pocket expenses (e.g., costs associated with entering this Competition), and Complainant(s) further waive all rights to have damages multiplied or increased. In the event of a dispute as to the identity of a Competition Winner based on email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential Competition Winner may be required to show proof of being the authorized account holder.

The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Competition. Any controversy or claim arising out of or relating to these Official Rules and/or this Competition shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA"). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1‑16. Moreover, (a) the arbitration shall be held in New York, New York, or at such other location as may be mutually agreed by Complainant(s) and Operator, Award Partners or Promotion Entities (hereafter collectively sometimes referred to as "Patrons"); (b) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Complainant(s) may have entered into in connection with this Competition; (c) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (d) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Complainant(s)' and/or Patrons' individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (e) the arbitrator shall not have the power to award punitive damages against any Complainant(s) or Patrons. Further, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the procedures established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. Judgment on the arbitration award may be entered into any court having jurisdiction thereof.

 

12) CONSENT TO COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION; PRIVACY

By entering the Competition and voluntarily providing your personal information, you consent and agree to Project Breakout's collection, use and disclosure of your personal information for the purpose of administering the Competition, including contacting you in relation to the Competition and disclosing the list of Competition Winners. Project Breakout will not use your personal information for any other reason, nor will Project Breakout disclose it to any third party.  See Project Breakout Privacy Policy, located at www.projectbreakout.com/index/privacy, for information on how personal information received in respect of the Competition is handled. IF YOU DO NOT WANT YOUR PERSONAL INFORMATION USED IN THE MANNER DESCRIBED HEREIN, DO NOT ENTER THIS COMPETITION. Any questions regarding Project Breakout's Privacy Policy and/or treatment of your personal information should be directed to Project Breakout's Privacy Manager via email to privacy@projectbreakout.com.

 

13) COMPETITION WINNERS' LIST/RULES REQUESTS

 

For a copy of the Official Rules or any Competition Winner's name write to us requesting same (including a separate, stamped, self-addressed envelope) to:

Panorama Solutions Inc.
Winner's List / Official Rules Requests
401 E. Las Olas Boulevard
Suite 130-145
Fort Lauderdale, FL 33301
USA.

Requests received after September 30, 2008 will not be honored.

14) OPERATOR

Project Breakout
A unit of Panorama Solutions Inc.
401 E. Las Olas Boulevard
Suite 130-145
Fort Lauderdale, FL 33301
USA.

No purchase necessary. Competition open to U.S. and Canadian legal residents, 13 years of age and older. Void where prohibited or restricted and in the states of Arizona, Vermont, Connecticut and Iowa, and the province of Quebec, and in the case of the Trivia Challenge, the State of Rhode Island.