NuCreative Media - SUBMISSION-AGREEMENT

BARZ4BRUNCH : THE RAP/SINGER COMPETITION

OFFICIAL CONTEST RULES

By participating, entrants agree to these Official Rules and to the Submission Agreement available at https://www.NuCreativeMedia.com/submission-agreement.html (the “Submission Agreement”).

1. ELIGIBILITY: The Westcoast "Barz4Brunch" Talent Competition Contest (the “Promotion”) is open worldwide to people who are at least eighteen (18) years old as of the date of entry. If a person is at least eighteen (18) years old and is deemed a minor in his/her state/jurisdiction of primary residence, that person must have his/her parent’s/legal guardian’s permission to enter this Promotion. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules, the Submission Agreement and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winners.

2. SPONSOR: LastKind Recordz/DNKYBongsTV. This Promotion is in no way sponsored, endorsed or administered by Sony ATV or The Orchard.

3. HOW TO ENTER: Eligible persons can enter through the following two (2) ways:

A. Via Social Media. Eligible persons may enter via Social Media beginning on August 14th 2022 at 1:00 PM EDT and ending TBD at 11:59 PM EDT (the “FB Messenger Entry Period”) (TIMES AND DATES SUBJECT TO CHANGE). To enter via Social Media, you must be a follower/friend of @LastKindrecordz, @NuCreativeMedia, and/or @DnkyBongsTV on Social Media. Through one or more of the above Social Media accounts, the sponsor will post an official invitation to participate in the Promotion. Follow the instructions in the official invitation to submit a hyperlink to your song (performed by you) on SoundCloud or YouTube. The song must be any form of Hip-Hop, Pop or Afrobeat song, featuring you rapping/singing.

LIMIT: One (1) song per submission/entry. However, there is no limit on the number of submissions/entries per eligible person.

B. In-Person Auditions. Eligible persons can enter the Promotion by auditioning in person at TBD location in Los Angeles, California for the final round. The auditions will take place from around 11:00 AM PDT to around 4:00 PM PDT. TIMES AND DATES ARE SUBJECT TO CHANGE. Participants in the auditions will have around one (1) minute to perform a song before a panel of judges to be selected by Sponsor in its sole discretion. If performing to a music track, participants must bring their own music track on a digital device that can be plugged into the house speaker system at the location of the auditions. Alternatively, participants may perform acapella (with no music track). The performed song must be a Hip Hop song featuring you rapping or singing.

C. Online Submissions. All online submissions should be submitted with no longer than one (1) minute and 30 seconds of audio. The song should contain a verse and a chorus and can be played with a beat or acapella. Video clips should be no longer than 50mb and should be clear and Audible. Provide a YouTube or SoundCloud link, and a contact link. the winners get to be on the top Elation album which is under a Sony distribution deal but we also need some type of physical prizes for runner-ups and finalist that's what we have to snooze some vendors snooze

LIMIT: One (1) audition per person.

Sponsor reserves the right to select fewer or more semi-finalists (for auditions) and finalists.

All songs/auditions/performances/entries submitted in connection with the Promotion must adhere to the following guidelines in order to be eligible:

· Must adhere to any limitations/restrictions set forth above;

· Must not contain vocals from any third party (each submitted/performed song must contain vocals ONLY FROM THE ENTRANT);

· Must be the entrant’s completely original work (modification of another party’s original work is not an original work), must not copy or otherwise plagiarize from any source, and must not use pre-existing music/samples and lyrics not owned by entrant.

· Must not contain material which is (or promote activities which are), as determined by Sponsor in its sole discretion, hateful, slanderous, libelous, tortious, contrary to the laws or regulations in any jurisdiction where the entry is created;

Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, including but ….not limited to copyrights. Without limiting the foregoing, the entry must not mention or otherwise include any third party trademarks (other than those of Sponsor); and

· MUST NOT include any reference to third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized the entrant to do so. Entrant must be prepared to provide signed authorizations by such third parties upon request.

AUDITION PARTICIPANTS MAY BE REQUIRED, AT SPONSOR’S SOLE DISCRETION, TO SIGN A RELEASE TO BE PROVIDED BY SPONSOR AT THE AUDITIONS. THE AUDITIONS WILL BE FILMED, PHOTOGRAPHED AND AUDIO RECORDED. EACH PARTICIPANT GRANTS SPONSOR AND ITS PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, THE RIGHT AND PERMISSION TO PUBLISH, BROADCAST, AND USE SUCH FOOTAGE, IMAGES, AND AUDIO RECORDINGS, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES.

By entering, each entrant agrees that his/her entry must comply with these Official Rules and, as applicable, Facebook’s, YouTube’s and SoundCloud’s respective terms, conditions and policies, and that Sponsor, in its sole discretion, may reject any entrant’s entry and disqualify him/her if Sponsor believes that such entry fails to adhere to the terms and conditions herein, including but not limited to the above guidelines. For those who enter via Social Media, normal Internet, phone and usage charges imposed by your online or phone service may apply. Further, by entering, each entrant warrants and represents that their entry is completely original, has not been previously won any award, does not contain any material that would defame or otherwise violate or infringe upon the rights of Sponsor or any third party, including patents, copyrights, trademarks and rights of privacy and publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they own all rights in and to the song submitted/performed, have secured the requisite consent from any third party referenced in their entry. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Promotion.

Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the entrant. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, accounts, registrations, email addresses, logins, or any other methods will void that participant’s entries, and that participant may be disqualified in Sponsor’s sole discretion. For entry via Social Media, multiple participants are not permitted to share the same Social Media account. In the event of a dispute as to any entry through Social Media, the authorized account holder of the Social Media account used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the account by Facebook. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or will be disqualified. Entries from an invalid, non-working, or inactive Social Media account will be disqualified and ineligible to win. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified.

4. SELECTION AND VERIFICATION OF WINNERS:

ROUND 1

A. Social Media Entries. The hyperlinks to songs that entrants submit via social media will be distributed to followers who have signed up to receive such music. Those followers will have the opportunity to rate each song using a rating system/mechanism to be provided with each song. Songs will be ranked based on the total ratings score each song receives, the amount of views, polls, comments and judges votes. A song must receive at least 20 (20) ratings in order to be eligible to be ranked and selected to go to the next round. At the conclusion of the"Freestyle" Entry Period, the six (6) entrants with the highest rated songs will be selected as finalists and will move on to the next round of the Promotion (if one (1) entrant has more than one of the six (6) highest rated songs, only one (1) of that entrant’s songs will be selected as a finalist song (as determined by Sponsor in its sole discretion) and the next highest rated song from another entrant will be selected as a finalist song). In the event of a tie between unique entrants the entrant whose entry has the highest number of ratings among the tied entries will be selected as the finalist, and in the event of a tie in the number of ratings, Sponsor will judge the entries based on overall appeal and select the finalist in its sole discretion.

Entrants are prohibited from obtaining ratings by any fraudulent or inappropriate means, including, without limitation, offering consideration (including, but not limited to, money and prizes) or other inducements to prospective raters, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to rate music submissions or with the intent to impair the integrity of the rating process is prohibited and all such ratings will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all ratings obtained via such means and to disqualify responsible entrants from further participation in the Promotion.

B. In-Person Auditions with Judges. The panel of judges will judge all performers and select ten (10) audition semi-finalists based on the following criteria: (i) rapping skill and creativity, (ii) style, (iii) showmanship, and (iv) voice (the “Audition Judging Criteria”). Sponsor reserves the right to select fewer or more than ten (10) audition semi-finalists. The audition semi-finalists will be scheduled for another round of auditions, in which each will have around one (1) minute to perform a song before a panel of judges to be selected by Sponsor in its sole discretion. If performing to a music track, participants must bring their own music track on a digital device that can be plugged into the house speaker system at the location of the auditions. Alternatively, participants may perform acapella (with no music track). The performed song must be a Hip Hop song featuring the semi-finalist rapping. The judging panel will select four (4) finalists from among all audition semi-finalists based on the Audition Judging Criteria.

EACH FINALIST MUST BE AVAILABLE TO TRAVEL, FOR THE NEXT ROUND OF THE PROMOTION (I.E., THE FINALIST COMPETITION, AS DEFINED BELOW), TO LOS ANGELES, CALIFORNIA ON DATES TO BE DETERMINED BY SPONSOR IN ITS SOLE DISCRETION.

EXCEPT WHERE LEGALLY PROHIBITED, EACH FINALIST (OR THE FINALIST’S PARENT/LEGAL GUARDIAN, IF THE FINALIST IS DEEMED A MINOR IN HIS/HER STATE/JURISDICTION OF PRIMARY RESIDENCE) MAY BE REQUIRED TO SIGN AND RETURN, WITHIN 24-48 HOURS OF BEING NOTIFIED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), AN AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE (THE “AFFIDAVIT”), AND ANY OTHER DOCUMENTATION AS REQUIRED BY SPONSOR. If (i) a finalist is not available to travel on the dates determined by Sponsor in its sole discretion, (ii) a finalist fails to sign and return the Affidavit within the required time period (if applicable), or (iii) a finalist is disqualified for any reason, Sponsor reserves the right to disqualify that finalist and select the next highest scoring entrant from the applicable pool of entries (i.e., entries from the auditions or through Social Media, as applicable) as the finalist.

ROUND 2

AT SPONSOR’S SOLE DISCRETION, EACH FINALIST MAY BE REQUIRED TO PROVIDE TO SPONSOR THE FINALIST’S SOCIAL MEDIA HANDLES ON SPECIFIED SOCIAL MEDIA PLATFORMS FOR CONSIDERATION IN JUDGING THE FINALIST’S SOCIAL MEDIA INFLUENCE AS PART OF THE JUDGING CRITERIA SET FORTH BELOW.

During the Finalist Competition, each finalists will have the opportunity to perform one (1) song of no more than four (4) minutes (4:00) in length. Each finalist must perform to their own music track and bring the music track on a digital device that can be plugged into the house speaker system or otherwise can be downloaded in a manner that may be played from the house audio system. The performed song must be a Hip Hop song featuring the finalist rapping.

The judging panel will select a potential winner from all finalists based on (i) rapping skill and creativity, (ii) style, (iii) showmanship, (iv) voice and (v) social media influence. The potential winner will be announced at the conclusion of the Finalist Competition.

TO BE DEEMED THE PROMOTION WINNER, THE POTENTIAL WINNER MUST BE AVAILABLE, ON DATES AND AT TIMES TO BE DETERMINED BY SPONSOR IN ITS SOLE DISCRETION, TO PARTICIPATE IN FILM SHOOTS (THE “FILM SHOOTS”) FOR A DIGITAL VIDEO SERIES TO BE DISTRIBUTED BY SPONSOR.

EXCEPT WHERE LEGALLY PROHIBITED, POTENTIAL WINNER (OR THE POTENTIAL WINNER’S PARENT/LEGAL GUARDIAN, IF THE POTENTIAL WINNER IS DEEMED A MINOR IN HIS/HER STATE/JURISDICTION OF PRIMARY RESIDENCE) MAY BE REQUIRED TO SIGN AND RETURN, WITHIN 24-48 HOURS OF BEING NOTIFIED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), AN AFFIDAVIT OF ELIGIBILITY, LIABILITY AND PUBLICITY RELEASE (THE “AFFIDAVIT”). If (i) a potential winner is not available, on the dates and at the times determined by Sponsor in its sole discretion, to participate in the Film Shoots, (ii) a potential winner fails to sign and return the Affidavit within the required time period (if applicable), or (ii) a potential winner is disqualified for any reason, Sponsor reserves the right to disqualify that potential winner and select the finalist with the next highest score from the Finalist Competition judging panel as a potential winner.

Verification of Potential Winners: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.

5. PRIZES:

A. Finalist Prizes: 2 (2) finalist prizes are available to be awarded in this Promotion. Each finalist (i.e., each finalist selected through the Social Media component of the Promotion) will receive a FEATURE ON A INTERNATIONALLY RELEASED PROJECT WITH SONY ATV/GROWNRENEGADEZ MUSIC. Promoitonal advertising of the artists works alongside the featured song from the BARZ4BRUNCH COMPILATION album. Finalists will also be a PAID EMPLOYEE for the BARZ4BRUNCH FINALE TBA.

B. Winner Prize. One (1) Promotion winner prize is available to be awarded in this Promotion. The Promotion winner will (i) receive an opportunity to enter into a music RECORDING AGREEMENT with a music recording label (to be determined by NUCREATIVE MEDIA in its sole discretion); (ii) will be featured in a COMPILATION Series to be distributed by GrownRenegadez Music (winner must participate in the Film Shoot, as set forth above); (iii) will perform in the BARZ$BRUNCH Finale; and (iv) will perform at the BARZ4BRUNCH NYE event, date TBA. The total gross value of the Promotion winner prize depends on the value of any music recording agreement the winner enters into with the music recording label.

Total ARV of all prizes: $11,506.94 USD.

C. Prize Restrictions: SPONSOR IS NOT RESPONSIBLE FOR ANY POTENTIAL AGREEMENT BETWEEN THE WINNER (OR ANY OTHER PROMOTION PARTICIPANT) AND A MUSIC RECORD LABEL IN CONNECTION WITH THIS PROMOTION, AND MAY NOT BE A PARTY TO ANY SUCH AGREEMENT OR ANY NEGOTIATIONS REGARDING ANY SUCH POTENTIAL AGREEMENT. Finalists must travel on the dates determined by Sponsor in its sole discretion. Any and all applicable government levied taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, meals, incidentals, surcharges, service charges or facility charges, security fees and/or other expenses, are the responsibility solely of winner. The winner may be required to provide his/her social security number and issued a 1099 at the end of the year for tax purposes. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Only the number of prizes stated in these Official Rules is available to be won in the Promotion. Restrictions may apply to travel and hotel accommodations. Sponsor will not replace the prize or any portion thereof if lost, mutilated, or stolen. Finalists are responsible for securing all required travel documents, and for complying with applicable terms, conditions and policies of all travel providers, including but not limited to the applicable air and ground transportation providers and hotel.

Each finalist must abide by all policies, rules, and regulations of the venue where any "BARZ" will take place (the “Venue”). In the event a finalist engages in behavior during prize travel that (as determined by Sponsor and/or the owner(s)/personnel of the Venue (the “Prize Travel Parties”), in each such party’s sole discretion) is obnoxious, a safety risk, threatening, or illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of any of the Released Parties (as defined below) or any of their respective services, products, trademarks, service marks, or logos, Sponsor reserves the right to revoke all or part of the prize with no further obligations or compensation whatsoever to the finalist (as determined by any of the Prize Travel Parties, in each such party’s sole discretion). In the event a finalist, in the course of using the prize, engages in behavior that (as determined by any of the Prize Travel Parties, in each such party’s sole discretion) is illegal, tortious, or subjects a finalist to arrest or detention, none of the Release Parties (as defined below) shall have any obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by the finalist as a result of such conduct. NONE OF THE RELEASED PARTIES (AS DEFINED BELOW) shall have ANY liability for any personal injuries, death, property damage, or other damages or expenses resulting from or arising out of any travel related to the Prize or any other aspect of ANY FINALIST’S acceptance or use of the Prize.

6. GENERAL CONDITIONS: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor reserves the right to modify the Promotion at any time in its sole discretion. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, (a) cancel or terminate the Promotion (or any portion thereof); (b) void any suspect entries; (c) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (d) select a winner (in Sponsor’s sole discretion) from among the eligible, non-suspect entries received up to the time of the impairment.

7. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, FACEBOK, INC., ALPHABET INC., SOUNDCLOUD INC. AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PORTION OF THIS PROMOTION CANNOT BE ADMINISTERED AS PLANNED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ALL EVENTS, WEBSITES AND PRIZES ASSOCIATED WITH THE PROMOTION, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

8. PUBLICITY; LICENSE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE ENTRANT’S ENTRY (INCLUDING, BUT NOT LIMITED TO, THE ENTRANT’S SUBMITTED SONG(S)), NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, SOCIAL MEDIA HANDLES/USER NAMES AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

9. DISPUTES. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state court located in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

10. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at http://www.NuCreativeMedia.com/privacy-policy.html.

11. WINNER IDENTIFICATION: For the name of the Promotion winner, available for sixty (60) days after verification of the winner, send a self-addressed, stamped envelope to: Winner Name Request for “Westcoast "Barz" Talent Competition”, NuCreative Mediahouse, Attn: Business & Legal Affairs, 10407 Hoover St, LA CA 90044.

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