General Casting Call

  1. 1. Description of the Casting Call

    The producers of the various venues (“Producers”) are seeking qualified individual performers, musicians or a group of performers performing together as a musical group (singularly or collectively, an “Artist”) to perform on television, radio, at live events or the Internet (collectively “Venues”). The general public will help identify these Artists by showing support on social media sites. The Casting Calls are conducted on a calendar month basis and are open to Artists that meet the qualification standards set forth in paragraph 2 and any additional standards that the Producers may establish from time to time.

    Participating Artists must provide NXTM LLC (the Casting Call “Administrator”) with complete access to their social media sites (“Sites”) on which they maintain a presence, including, but not limited to, Facebook, Myspace, Twitter and YouTube, Vimeo, Last.fm and Soundcloud, up to seven sites. The procedures for providing full access are set forth at the Casting Call registration site (“Registration Site”).

    Administrator will calculate the number of fans (“Fans”) Artists have on their combined Sites at the beginning of each monthly Casting Call and group them into Silver, Gold and Platinum Tiers. Artists with 0-5,000 Fans will be eligible to participate in the Silver Tier, those with 5001-25,000 will be eligible to participate in the Gold Tier and those with 25,001 and above will be eligible to participate in the Platinum Tier. The Administrator will track each Artist’s Fan activity and calculate the total increase in Fans from the first to the last day of a monthly Casting Call to determine an Artist’s ranking in the appropriate Tier.

    A leaderboard will permit the Artists to track their standings throughout the month. The leaderboard will be updated several times daily. At the conclusion of each monthly Casting Call, the Artists will be ranked according to the number of new Fans they attract during the Casting Call period on all Sites to which Administrator has received access. The Administrator will refer the top ranking eligible Artists in each Tier to the Producers for their consideration. The number of Artists that may be referred and the identity the Venues that will be available in each Tier will be posted each month at the commencement of the Casting Call. The Producers, in their sole discretion, may select any referred Artist to appear on their respective Venues, regardless of the Artist’s ranking, but the Producers have no obligation to extend an invitation to any Artist in any month.

    Artists that enter as a group (a “Band”) must appoint an Artist Representative (“Representative”) who will serve as the contact person for the Band (see paragraph 2). The Representative will provide all necessary registration information (see paragraph 3).

  2. 2. Definitions

    As used herein, the following definitions apply:

    • Song: Original (words and lyrics) performed by Artist.
    • Artist: Musicians who have reached the age of majority in their states of residence (18, except in AL and NE, 21 in MS) and who participate individually or collectively as a Band.
    • Representative: The Band member designated by the Band to enter the Casting Call on behalf of the Band. The Representative will (1) serve as the Band contact, (2) provide the entry information required at registration, (3) agree to these Terms and Conditions and the Terms of Use, (4) agree to the requirement that the entire Band, at its own expense, will be willing and able to perform on any Venue, if invited. NXTM and the Producers may rely upon the statements of the Representative as binding on all members of the Band.
  3. 3. Eligibility

    The Casting Call is open to Artists that are legal residents of the 50 United States and the District of Columbia that have reached the age of majority in their states of residence (18, except in AL and NE, 21 in MS) and that have no contractual obligations that will interfere with their participation in the Casting Call. Artists (including all members of a Band) that are current employees of Administrator or the Producers or who are immediate family and household members of any such individuals, are not eligible to participate. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” mean persons who share the same residence at least three (3) months a year, whether related or not.

  4. 4. Registration

    To participate in a Casting Call, the Artist or Representative must register at the Registration Site by following the onscreen instructions, at which time they must affirmatively grant Administrator access to some or all of their social media Sites. Registration must be completed prior to the start date of any monthly Casting Call to be eligible for that Casting Call and a chance to appear on a Venue the following month. (Example: An artist that registers in May will compete in the June Casting Call for a chance to appear on a Venue in July). Artists who register in a particular month will participate in a Casting Call the following month and not in the month in which they register. For purposes of March 2011, Artists that register between March 16 and March 31, inclusive, are eligible for an April Venue appearance and also are eligible for the April Casting Call for a May Venue appearance. Administrator reserves the right to deny registration to any Artist that, in the Administrators sole discretion, fails to qualify under these Terms and Conditions.

  5. 5. Posting of Content

    Artists may post content (“Content”) at their respective Sites which may include, but are not limited to, Songs, videos, photos, biographies, blogs, comments and reviews. Artists may not post any Content containing, in the Administrator’s sole estimation, information that:

    • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
    • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
    • is obscene or offensive; endorses any form of hate or hate group;
    • defames, misrepresents or contains disparaging remarks about other people or companies;
    • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
    • contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
    • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
    • contains look-alikes of celebrities or other public or private figures, living or dead;
    • communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or
    • violates any law or 3rd party rights.

    Songs must be the original work of the Artist, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property, other rights of any person or entity as determined by the Administrator, in its sole discretion. Administrator reserves the right to disqualify any Content that, in its sole discretion, fails to meet these criteria or is offensive or inappropriate, not in keeping with the image of Administrator or the Producers or that is otherwise not in compliance with these Terms and Conditions. If any Content contains any material or elements that are not owned by the Artist, and/or which are subject to the rights of third parties, the Representative is responsible for obtaining, prior to posting of the material, any and all releases and consents necessary to permit the use and exhibition of the content on its Site, including but not limited to, the intellectual property of any third party(ies) and the name and likeness from any person who is identifiable. Administrator reserves the right to request proof of these permissions in a form acceptable to Administrator from any Artist or Representative at any time.

  6. 6. Acknowledgements

    Each Artist or Representative acknowledges that he/she: (i) has secured, or will secure, all third-party rights, licenses and obligations reasonably necessary or beneficial for their participation in the Casting Call; (ii) warrants that their Content does not and will not infringe on rights of others, including rights of publicity, privacy, patent, copyright, trademark or similar rights of any third party, or in any way contravene any applicable statute, law, order, rule or regulation.

  7. 7. Notification

    The Artist or Representative that is selected by a Producer to perform will be notified by telephone, mail and/or email. All Artist members will be required to complete all performance related documents that may be required by the Producers.

  8. 8. General Conditions

    By participating, Artists agree: (a) to abide by the decisions of Administrator and Producers, which shall be final and binding in all respects relating to this Casting Call; (b) to release, discharge and hold harmless Administrator and Producers, their affiliates and subsidiaries, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing from any and all injuries, liability, losses and damages of any kind resulting in whole or in part, directly or indirectly, from their participation in this Casting Call; and (c) to the use of their names, voices, professional and/or trade names, photograph/video, images and/or likenesses for programming, advertising, publicity and promotional purposes in any and all media.

  9. 9. General Conditions

    Administrator is not responsible for any lost, late, incomplete, damaged, inaccurate, misdirected information on any social media sites; or for lost, interrupted or unavailable network or Internet service, website connections, or computer hardware or software malfunctions, relating to or in connection with the Casting Call. Administrator, in its sole discretion, will determine the authenticity of any Fan posting to a Site and reserves the right to disqualify any posting that it believes was fraudulently cast or is otherwise designed to undermine the integrity of the Casting Call and gain an unfair advantage, regardless of the Artist’s involvement. Artists that tamper with or abuse any aspect of the Casting Call, who act in an unsportsmanlike or disruptive manner, as solely determined by Administrator, will be disqualified.

  10. 10. Changes

    Administrator reserves the right to alter these Terms and Conditions at any time, without notice.

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