Terms and Conditions
Terms and Conditions of Participation
in the
“Daisy of Love” Casting Call  



1.    Overview:  The “Daisy of Love” Casting Call is sponsored by MTV Networks, a division of Viacom International Inc. (“MTVN”) and is an online audition (“Audition”), but subject to change at MTVN’s sole discretion.

2.    Entry Period: The Audition entry period commences at 12:00:01 PM (ET) on October 3, 2008 and ends at 11:59:59 AM (ET) on December 12, 2008 (the “Audition Period”).

3.    Eligibility: You must be a legal resident of the 50 United States and District of Columbia and be 21 years or older. If 21 is not the age of majority in the jurisdiction in which you reside, you must obtain parental or legal guardian consent to be eligible to participate in Audition. Entrants must also not be during the Audition Period or at time of participation in the Series, a party to any agreement with any record label, production company, publishing company or any third party that might interfere with entrants’ participation in the Audition or the Series.  Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, children and step siblings) of MTVN and its respective parent companies, affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies are not eligible to enter Audition. By participating in this Audition, entrants: (a) agree to be bound by these Terms and Conditions  and by the interpretations of these Terms and Conditions by MTVN, and by the decisions of MTVN, which are final and binding  in all matters relating to the Audition; (b) to release and hold harmless MTVN,  its parent companies, subsidiaries and other affiliated companies and their respective agents, employees, officers, directors, successors and assigns (collectively “Released Parties”), against any and all claims, injury or damage arising out of or relating to participation in this Audition and Series and for any claims  based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action; and (c) acknowledge compliance with these Terms and Conditions.  MTVN reserves the right, in its sole discretion, to disqualify any entrant who is under a third party agreement which MTVN deems as contradictory to the nature of this Audition.

4.    To Enter: Visit www.DaisyofLoveCasting.com, a web site owned and operated by MTVN (the “Web Site”), at any time during the Audition Period and (i) electronically agree to the terms of MTVN’s Terms of Use, Privacy Policy and User Content Submission Agreement; (ii) follow instructions to opt-in to Audition and complete all required fields on the online entry form; and (iii) follow the rules posted for each round. All entry materials will hereinafter be referred to as (the “Submission Materials”). Incomplete or inaccurate entries are void. All Submission Materials become the property of MTVN and will not be acknowledged or returned.

Entrants agree: (i) that they have all rights to the contents of Submission Materials and all components thereof (including, but not limited to master recording rights and publishing rights with respect to any musical recordings), and that entrants have obtained all rights, consents and permissions, including but not limited to those of persons participating in the Submission Materials, necessary to grant the rights granted herein; (ii) that the Submission Materials have not been released commercially; (iii) that the Submission Materials do not and will not violate any law, statute, ordinance or regulation; (iv) that the Submission Materials are free and clear of any liens or claims with respect to the use of the Submission Materials in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or infringe on any rights or interests of any third party,  or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals; and (v) that the Submission Materials are not and will not be defamatory, trade libelous, pornographic or obscene. Entries which contain materials that are not the original work of the entrants, or are illegible or incomplete will not be accepted.  

Entrants agree that by entering into this Audition they are granting MTVN (and any and all of MTVN’s subsidiaries and affiliates and affiliated broadcast stations and networks, successors, assignees and licensees) the non-exclusive, irrevocable right and license to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly perform, create derivative works of, and distribute and synchronize in timed relation to visual elements, the Submission Materials and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world, in perpetuity. MTVN may use the Submission Materials to advertise, promote and publicize MTVN, any of the MTV Networks’ worldwide programming services and/or the Web Site in all media throughout the universe and may authorize others to do so, such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed and superimposed versions of the Submission Materials. Entrants acknowledges that MTVN may use the Submission Materials in accordance with the permission granted herein without notice and without compensation, royalty, accounting, liability or obligation of any kind to any entrant.  

Submission Materials shall not contain, include or involve any of the following:

Obscenity
Private property, or other property, unless entrant has obtained a signed property release specific for the uses specified herein
Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
Gang signs or symbols
Violence
Explicit sexual activity
Nudity
Illegal drug or alcohol use
Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands,  logos or endorsements
Unauthorized trademark and copyrighted materials
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, humiliate other people (publicly or otherwise), any assault or threatening of others
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 Terms and Conditions
Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by MTVN, in its sole discretion
 
Language contained in Submission Materials will be evaluated by MTVN based on content and societal acceptability.

MTVN reserves the right to reject any entries that it deems, in its sole discretion, to violate any of the policies of MTVN’s “Standards and Practices Guidelines.”  

5.     Casting Criteria: The casting consists of viewer’s votes as well as an official judging panel which will be comprised of representatives from MTVN (the “Judges”) who retain complete discretion in selecting the Contestant.  The application of the judging criteria shall be in the sole and absolute discretion of the Judges. To the extent permitted by law, MTVN and Judges disclaim any liability from, and entrants, whether or not a Contestant, agree to waive, any claims against MTVN and the other Released Parties and Judges relating to the judging or awarding process. The Judges reserve the right to conduct interviews with any entrant. The Judges also reserve the right to extend the Audition Period or not to declare the Contestant if they determine, in their sole discretion, that entries received did not meet the minimum qualification standards.  MTVN reserves the right to select alternative Contestants in the Series that any potential Contestant fails to comply with these Terms and Conditions.

6.    Contestant Selection/Notification: Starting on or about December 12, 2008 the Contestant will be selected by the viewers and the Judges. MTVN will make up to two (2) attempts over the 24 hour period following Contestant selection to contact the potential Contestants. If a potential Contestant cannot be reached during the 24 hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) the potential Contestant may be disqualified and an alternate Contestant may be selected from the remaining Finalists in MTVN’s sole discretion.  In addition, MTVN reserves the right to select an alternate Contestant in the event that a potential Contestant fails to comply with these Terms and Conditions.

7.    Contestant Verification:   The potential Contestants must prove eligibility, including, without limitation, proof of age and residence within two (2) days of being notified as a potential Contestant.  In the event of non-compliance by a potential Contestant such potential Contestant may be disqualified and an alternate Contestant may be selected from among the remaining Finalists in MTVN’s sole discretion. In addition, the potential Contestant must sign within two (2) days of receipt of such documents from MTVN an affidavit of eligibility and release. Contestants must also sign a participant agreement (“Participant Agreement”) that will require, among other things, Contestant’s agreement to be available during the entire Series production period and activities related thereto. Contestant will have three (3) days to execute the Participant Agreement and return to MTVN. In addition, Contestant must also consent to (if requested by MTVN) and satisfactorily complete a background check, including but not limited to, a check of criminal and driving records.

8.     MTVN and Contestant Produced Programming:  All film/video/written material and programming created by MTVN and/or Contestant will be referred to as “Programming”. MTVN shall be the exclusive owner of the copyright and other rights in and to the Programming and Contestant hereby assigns any rights it may have in the Programming to MTVN immediately within creation. MTVN, its subsidiaries, affiliates, affiliated broadcast stations and networks and licensees will be able to use the Programming forever and throughout the world, and to license others to use it, in any manner MTVN wishes and in any and all media now known or hereafter discovered or developed without notice, including for advertising, promoting and publicizing any of its products or services, such use may include portions and excerpts, in addition to cut in synchronized, dubbed and superimposed versions of the Programming. By participating in the Series, Contestant acknowledges that MTVN may use the Programming in accordance with the permission granted herein without any compensation, royalty, payment, liability or obligation to the Correspondent or any third party. MTVN is under no obligation to broadcast or otherwise exploit the Programming.

9.    General Terms: Noncompliance with any of these Terms and Conditions may result in disqualification.  
Released Parties assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Audition or by any human error which may occur in the processing of the entries in the Audition. Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person's computer related to or resulting from participation or downloading any materials in this Audition.  All interpretations of these Terms and Conditions and decisions by MTVN are final and binding. MTVN reserves the right in it sole discretion to disqualify any individual it suspects or finds: (i) to have tampered with the entry process or the operation of the Audition; (ii) to be acting in violation of these Terms and Conditions; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information on any legal documents submitted in connection with the Audition.  Entrants agree to indemnify and hold harmless Released Parties from any and all liability resulting or arising from the selection and notification of the Contestant, including any claim for personal injury and/or damage, theft, loss or any other harm suffered in connection with the Audition, Series and Programming, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action and to release all rights to bring any claim, action or proceeding against Released Parties.

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THAT'S A WRAP!  WE'RE TABULATING FINAL VOTE TALLYS AND WILL ANNOUNCE THE WINNER SOON!  KEEP CHECKING BACK TO SEE WHO MADE IT ONTO THE SHOW!

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