Late Nite Casting Call

  1. 1. Description of the Casting Call

    NXTM is seeking qualified individual performers, musicians or a group of performers performing together as a musical group (singularly or collectively, an “Artist”) for an opportunity to perform on “Jimmy Kimmel Live”. 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 a maximum of seven of their social media sites (“Sites”), including, but not limited to, Facebook, Myspace, Twitter and YouTube, Vimeo, Last.fm and Soundcloud. 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. Only Artists that have a minimum of 25,000 Fans, as such term is defined in the following sites: Facebook: “Like” a “Fan Page”; Twitter, Soundcloud, “Follower”; MySpace, Last.fm “Friend”, Youtube.com, Vimeo.com, “Subscriber”, will be eligible to participate in this Casting Call. The Administrator will track each Artist’s Fan activity and calculate the total numerical increase in Fans from the first to the last day of a monthly Casting Call to determine an Artist’s ranking. The number of Fans of the end of each monthly casting call will establish the baseline number for the next month’s Casting Call.

    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 to the producers of Jimmy Kimmel Live (“Producers”) for their consideration as determined by the number of new Fans an Artist attracts in the Casting Call period. The number of Artists that may be referred will be posted each month at the commencement of the monthly Casting Call. The Producers, in their sole discretion, may select any referred Artist to appear on Jimmy Kimmel Live, regardless of the Artist’s ranking, but the Producers have no obligation to extend an invitation to any Artist in any month and may discontinue the Casting Calls at any time.

    Artists that enter as a group (a “Band”) must appoint a single 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, singers and performers who are 21 years of age or older 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 NXTM’s Terms of Service and Privacy Policy, (4) represent and warrant that he/she has the concurrence of all Band members to act as the Representative, and (5) agree to the requirement that the entire Band, at its own expense, will be willing and able to perform on the Jimmy Kimmel Live, 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 and that have no contractual obligations that will interfere with their participation in the Casting Call. The Artist and all members of a Band must be at least 21 years of age or older at the date of registration. Artists (including all members of a Band) who 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 Jimmy Kimmel Live the following month or at a later date. (Example: An artist that registers in May will compete in the June Casting Call for a chance to appear on Jimmy Kimmel Live in July or at a later date). For the week beginning March 16-23, the Casting Call will be open solely to qualifying Artists that register with the SXSW Festival, and only those registrants shall be eligible for a potential appearance in March on Jimmy Kimmel Live, if any. Artists that register during the March 16-31 period are eligible to participate in the March and April Casting Calls for a Jimmy Kimmel Live appearance in April and beyond. Late registrations will applied to the next full Casting Call period. Administrator reserves the right to deny registration to any Artist that, in the Administrators sole discretion, fails to qualify under these Terms and Conditions. Note: Artists who complete registration in a specific month will be eligible to participate in Casting Calls in the following and subsequent months.

  5. 5. 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 a Casting Call; (ii) warrants that their Content does not and will not infringe on any 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. If an Artist is selected to perform on Jimmy Kimmel Live as a result of a Casting Call, Artist agrees, without compensation, to grant or will cause to be granted to the Producer all worldwide performing rights in musical compositions it may perform on Jimmy Kimmel Live, in whole or in part, for all media, excluding theatrical, for a period of 5 years and to execute any additional documents in connection therewith as Producer may require.

  6. 6. 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 grant of rights and performance related documents that may be required by the Producers. All appearance dates are subject to Producer’s sole discretion.

  7. 7. 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 a 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.

  8. 8. Internet

    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 “visit” to a Site and reserves the right to disqualify any visit that it believes may have been fraudulently or inappropriately posted or that is not in keeping with fairness and integrity of competition. Administrator reserves the right to disqualify any Artist that posts any content on its site that is 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.

  9. 9. Changes

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

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