Artist Contest Begins after January 1st, 2012. We will inform you on contest prizes and keep you posted. For now make sure your signed up upload your Info and Music.
The New Artist Talent Contest (the "Music Talent Contest") is open to anyone in the world over 13 years of age and who, upon request, are able to demonstrate to Sponsor and/or Administrator that they do not have any of the following: (a) a contract for talent representation; (b) a music recording contract; (c) a dancing, acting or modeling contract; (d) a merchandising agreement; or Employees of NewArtist Entertainment Group, and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest consists of a contest (the "Contest") and an offer (the "Offer"). The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
The Contest sponsors will be announced soon.
3. Agreement to Official Rules:
By participating in the NewArtist Music Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and/or Administrator, which are final and binding in all matters related to the Contest including the selection of Semi-Finalists, Finalists and Winners. Whether an entrant advances to the next phase or wins a prize is contingent upon fulfilling all requirements set forth herein.
The Music Contest for 2012/2013 will soon be announced. The Contest Period consists of a submission phase (the "Submission Phase"), a consumer rating phase (the "Consumer Rating Phase"), a semi-finalist judging phase (the "Semi-Finalist Judging Phase"), a finalist judging phase (the "Finalist Judging Phase") and a judging phase (the "Judging Phase") as set forth in the chart below. Sponsor's computer is the official time-keeping device for this Contest.
|Consumer Rating Phase
|Semi-Finalist Judging Phase
|Finalist Judging Phase
5. How to Enter:
During the Submission Phase, visit http://www.newartist.com . (the "Website") and follow the links and instructions to complete the Contest registration, including a valid email address you check on a regular basis and home mailing address. P.O. Boxes not permitted. Upload the following requisites: 1 photo of yourself (the "Photo"); and 1 music/video of you singing your song. You will receive 1 eligible entry into the Contest, if your entry is in compliance with the Submission Guidelines and Content Restrictions (collectively, the "Guidelines and Restrictions" described below) as determined by Sponsor in its sole discretion (each eligible entry a "Submission"). By uploading your Photo, Music and Video, you represent and warrant that your entry conforms to Guidelines and Restrictions as defined below. Entries found not to conform to the Guidelines and Restrictions, as deemed by Sponsor in its sole discretion, may be removed from the Contest and will not be eligible to win a Contest Prize. A person submitting a non-conforming entry may be notified of any deficiency(s) in the entry and may be offered the opportunity to correct the stated deficiency(s) and re-upload the entry, up to 2 additional opportunities, after which the person may be prevented from further re-submitting the non-conforming entry.
- The Photo must be in .jpeg or non-animated .gif format
- The Photo must not exceed 5 MB in size
- The Song must be in .mp3 format
- The Song must not exceed 9MB in size
- The Song must be no more than 10 minutes in length
- The Video must not exceed 15MB in size
- The Video must be no more than 10 minutes in length
- The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights
- The Submission must not contain any individual(s) other than entrant
- No other party, other than the entrant, has any right or title in and to the Submission or any portion thereof
- Entrant has all rights necessary to submit the Submission in the Contest in accordance with these Official Rules
- The Submission, as determined in Sponsor's sole discretion, must not violate any non-compete agreement, contract or other legal document entrant has entered with an employer (whether current or former), vendor, client or other third party
- The Submission must not contain brand names or trademarks, except for NewArtist Entertainment Group ., trademark and any associated. NewArtist Entertainment Group ., elements available on the Website for which entrant has a limited license to use for the sole purposes of creating and uploading a Submission into this Contest
- The Music, Photo & Video must not contain images, artwork or any other materials not created by entrant
- The Submission must not contain material that, in the sole discretion of Sponsor, is inappropriate, indecent, obscene hateful, tortuous, defamatory, slanderous or libelous; The Submission must not contain material that, in the sole discretion of Sponsor, promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age
- The Submission must not contain material, footage, elements or components that are unlawful, in violation of or contrary to the laws or regulations in any state where it, or any part thereof, is created
For all Submissions:
Each entrant may upload 1 eligible Submission during the Submission Phase. Any attempt by any entrant to obtain more than 1 eligible Submission by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that entrant's entries and that entrant may be disqualified from this Contest and any of the Sponsor's other Contests. Uploading an entry constitutes entrant's consent to give Sponsor a royalty-free, transferable, assignable, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such entries and Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed for any purpose whatsoever, including for marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the entries and Submissions or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected entries, which are disqualified.
6. Semi-Finalist Selection:
(a) Consumer Rating Phase:
During the Consumer Rating Phase, age 13 and older will be invited to register at http://www.newartist.com and rate each entrant's Video using a 5 star system (for example, you may rate each individual Song on a scale of a 1 to 5 stars, 5 stars being the best)
During and at the end of the Consumer Rating Phase, each entrant's collective star and star ratings will be averaged and each entrant will receive a total of 5 points for each star in the resulting average and 5 points for a star in the resulting average; up to a maximum of 50 points.
Individuals meeting the criteria set forth above may rate an entrant's Music & Video only 1 time per day during the Consumer Rating Phase. Multiple raters are not permitted to share the same email address. Any attempt by any rater to submit more than the stated number of ratings by using multiple/different email addresses, identities or any other method will void that person's Submission(s) (if any) and ratings and he/she will be disqualified from further participation in the Contest. Use of script, macro or any other automated system to rate is prohibited and all such ratings will be void. Released Parties (as defined in Section 15 below) are not responsible for lost, late, unrecorded or misdirected ratings, which will be void.
(b) Semi-Finalist Judging Phase:
During the Semi-Finalist Judging Phase, a panel of qualified judges, selected by Sponsor in its sole discretion, will review and judge each entrant's Music/Video
The 10 entrants (i) whose Music/Videos receive the highest scores by adding the resulting averages of points received at the end of the Consumer Rating Phase with the Music/Video received in the Semi-Finalist Judging Phase and (ii) who are confirmed through the process set forth in Section 10, below, will be the potential 10 Semi-Finalists and their Video and photograph will be posted in an online gallery at http://www.newartist.com. In the event of a tie between 2 or more entrants for a potential Semi-Finalist position, the Submission with the highest "credibility and enthusiasm" score will be selected as a potential Semi-Finalist. In the event of a further tie, the entrant with the highest "quality of overall presentation" score will be selected as a potential Semi-Finalist.
7. Finalist Selection:
During the Finalist Judging Phase, a panel of qualified judges, selected by Sponsor in its sole discretion, will select 3 Finalists from the 10 Semi-Finalists. At the conclusion of the Finalist Judging Phase, the 3 Finalists with the highest scores must be confirmed through the process set forth in Section 10 below.
8. Winner Selection:
During the Judging Phase, Sponsor will arrange for the 3 Finalists to travel to a Sponsor-specified location to conduct an interview with a panel of qualified judges. If a Finalist cannot arrive on the dates required, the Finalist forfeits the opportunity (unless determined otherwise by Sponsor). The panel of qualified judges will select the potential Grand, Second and Third Prize Winners.
The Finalist who receives the highest score via an application of the above criteria will be the potential Grand Prize Winner; the Finalist who receives the second highest score the potential Second Prize Winner; and the Finalist who receives the third highest score the potential Third Prize Winner. In the event of a tie between 2 or more Finalists for any prize, the Finalist with the highest score in the "ability to speak clearly and concisely" category will be the Winner of the applicable prize. In the event of a further tie, the Finalist with the highest score in the "ability to effectively represent NewArtist Entertainment Group brand" category will be the potential Winner of the applicable prize.
9. Consumer Comments:
If an entrant's Video and Photograph, or any portion thereof, is selected for posting on the Website, he/she understands and agrees that visitors to the Website may comment freely on entrant's Video and Photograph. The Sponsor shall not have any liability to entrant in connection with any such comments (which entrant understands may not be favorable). Entrant understands and agrees that he/she shall not have any rights or claims arising from or concerning such comments or Sponsor's posting of the Video and Photograph on the Website for rating or other purposes. Furthermore, entrant understands that his/her appearance, actions, depiction and/or portrayal in his/her Video and Photograph may viewed as or interpreted as embarrassing or of an otherwise unfavorable nature and may expose entrant to public ridicule, humiliation or condemnation. Entrant acknowledges and agrees that the Sponsor shall have the right to include any such information and any such appearance, depiction, portrayal, actions and statements in entrant's Video and Photograph in the Contest as used and/or modified by the Sponsor.
10. Semi-Finalist, Finalist and Winner Requirements:
Each potential Semi-Finalist will be notified by email, phone or registered mail. Each potential Semi-Finalist (parent/legal guardian if winner is a minor in his/her jurisdiction of residence) will be required to sign and return to Administrator, within 2 days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where the Publicity Release is prohibited) and fulfill any such other requirements as determined by Administrator. If a potential Semi-Finalist fails to do so, he/she will be disqualified and will not advance to the Finalist Judging Phase. In Sponsor's discretion, each potential Semi-Finalist will also be subject to a background check to confirm his/her appropriateness (as solely determined by Sponsor) to represent Sponsor's brand and product. Sponsor reserves the right, in its sole discretion, to disqualify a potential Semi-Finalist based on the results of this background check. In the event that a potential Semi-Finalist is disqualified for these and/or any other reason, if time permits, Administrator may select in his/her place an alternate potential Semi-Finalist per the highest scoring points calculation set forth in Section 6, up to 3 alternates. If the alternate potential Semi-Finalists are disqualified, then the applicable Semi-Finalist opportunity will remain un-filled. Potential Semi-Finalists qualified and confirmed via the process set forth above will advance to the Finalist Judging Phase, where the Finalists will be selected according to the process set forth in Section 7 above.
Each potential Finalist will be notified by email, phone or registered mail . Each potential Finalist must fulfill any travel or other requirements as determined by Sponsor or Administrator in its sole discretion. If a potential Finalist fails to do so, he/she will be disqualified and will not advance to the Judging Phase. In the event that a potential Finalist is disqualified for any reason, if time permits, Administrator may select in his/her place an alternate potential Finalist from the remaining Semi-Finalists, per the highest scoring points calculation set forth in Section 7. If the alternate potential Finalists are disqualified, then the applicable Finalist opportunity will remain un-filled. Potential Finalists qualified and confirmed via the process set forth above will advance to the Judging Phase, where the potential Winners will be selected according to the process set forth in Section 8 above.
For Potential Winners:
The Finalists who are selected as the Potential Winners during the Judging Phase will be notified of their selection by email, phone or registered mail and may be required to complete any additional paperwork as required by either Sponsor or Administrator, within 2 days of the date notice or attempted notice is sent in order to receive his/her prize. In the event that a potential Winner fails to return the additional paperwork (if any) within the required timeframe, he/she will be disqualified. In the event that a potential Winner is disqualified for this or any other reason, an alternate will be selected according to the criteria set forth in Section 7 above, if time permits, up to 3 alternates, after which the applicable prize will remain un-awarded.
Finalist Prizes: The Finalist prizes will be determined and post on or before December 5th, 2013.
Offers: The Offers will be determined and post on or before December 5th, 2013.
Except where prohibited, participation in the Contest constitutes entrant's consent for the Sponsor and the Sponsor's designees to use entrant's name, likeness and state of residence for Contest or marketing purposes in any media without further consideration. Acceptance of any prize shall constitute and signify a Winner's agreement and consent that Sponsor may use the applicable Winner's name, city, state, likeness, Submission and/or prize information in connection with the Contest, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use a Submission or any portion thereof for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission or any portion thereof. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Winner will indemnify Sponsor, Released Parties (as defined in Section 15, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, Internet or telephone lines or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and may select the Semi-Finalists, Finalists and/or Winners, from the Submissions received prior to the action taken in a manner as deemed fair and appropriate by Sponsor and that is consistent with the intent of these Official Rules. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry or Submission, the authorized account holder of the email address used to register and submit an entry or Submission will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant may be required to show proof of being the authorized account holder.
15. Release and Limitations of Liability:
Except where prohibited, by participating in the Contest, entrant agrees to release and hold harmless NewArtist.com, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (the "Released Parties") from and against any claim or cause of action arising out of participation in the Contest, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) downtime for scheduled maintenance; (e) errors in the administration of the Contest or the processing of entries or Submissions; (f) late, lost, or undeliverable mail; (g) defamation which may be caused, directly or indirectly, in whole or in part, from disparagement of the Submission; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Florida (Southern Division) or the appropriate Florida State Court located in Miami-Dade County, Florida; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
17. Contest Results:
The Winner List will be posted online for all genres and categories. For a electronic copy of the Winner List email with subject line: "Music Contest Winner List Request," to email@example.com
NewArtist.com & OnlyArtist.com respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on NewArtist.com & OnlyArtist.com website any materials that violate another party's copyrights. Among other things, this means that we remove content that is reported to us pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA.
However, while NewArtist.com & OnlyArtist.com does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice by using our counter-notice form. So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.
This policy is effective as of December 5, 2010
We built NewArtist™ to make it easy to share information with your friends, family and artist around you. We understand you may not want everyone in the world to have the information you share on NewArtist™; that is why we give you control of your information. Our default privacy settings limit the information displayed in your profile to your networks and other reasonable community limitations that we tell you about.
NewArtist follows two core principles:
1. You should have control over your personal information.
NewArtist™ helps you share information with your friends and people around you. You choose what information you put in your profile, including contact and personal information, pictures, interests and groups you join. And you control the users with whom you share that information through the privacy settings on the Privacy page.
2. You should have access to the information others want to share.
There is an increasing amount of information available out there, and you may want to know what relates to you, your friends, and people around you. We want to help you easily get that information.
Sharing information should be easy. And we want to provide you with the privacy tools necessary to control how and with whom you share that information. If you have questions or ideas, please check out our privacy help page. Safe Use of NewArtist
NewArtist is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to build user's trust and confidence in the Internet by promoting the use of fair information practices. This privacy statement covers the site www.NewArtist.com and its directly associated domains. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.
If you have questions regarding this statement, please visit our privacy help page. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe Watchdog at http://www.truste.org/consumers/watchdog_complaint.php. TRUSTe will then serve as a liaison with us to resolve your concerns. EU Safe Harbor Participation
We participate in the EU Safe Harbor Privacy Framework as set forth by the United States Department of Commerce. As part of our participation in the safe harbor, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework. If you have any complaints regarding our compliance with the Safe Harbor you should visit our Help Center. If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe at http://www.truste.org/users/users_watchdog_intro.html.
The Information We Collect
When you visit NewArtist you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you register with NewArtist, you provide us with certain personal information, such as your name, your email address, your telephone number, your address, your gender, schools attended and any other personal or preference information that you provide to us.
When you enter NewArtist, we collect your browser type and IP address. This information is gathered for all NewArtist visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to NewArtist. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use NewArtist, you may set up your personal profile, form relationships, send messages, perform searches and queries, form groups, set up events, add applications, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update information, we usually keep a backup copy of the prior version for a reasonable period of time to enable reversion to the prior version of that information.
Any improper collection or misuse of information provided on NewArtist is a violation of the NewArtist Terms of Service and should be reported through the Help Center.
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will send your friend an email or instant message in your name inviting him or her to visit the site, and may send up to two reminders to them. NewArtist stores this information to send invitations and reminders, to register a friend connection if your invitation is accepted, to allow you to see invitations you have sent, and to track the success of our referral program. Your friend may contact us through the Help Center to request that we remove this information from our database.
NewArtist may also collect information about you from other sources, such as newspapers, blogs, instant messaging services, and other users of the NewArtist service through the operation of the service (e.g., photo tags) in order to provide you with more useful information and a more personalized experience.
By using NewArtist, you are consenting to have your personal data transferred to and processed in the United States. Children Under Age 13
NewArtist does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for NewArtist or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on NewArtist. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us through the form on our privacy help page.
Children Between the Ages of 13 and 18
We recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the Internet. Use of Information Obtained by NewArtist.
When you register with NewArtist, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people in the networks specified in your privacy settings to enable you to connect with people on NewArtist. We may occasionally use your name and email address to send you notifications regarding new services offered by NewArtist that we think you may find valuable.
Profile information is used by NewArtist primarily to be presented back to and edited by you when you access the service and to be presented to others permitted to view that information by your privacy settings. In some cases where your privacy settings permit it (e.g., posting to your wall), other NewArtist users may be able to supplement your profile.
Profile information you submit to NewArtist will be available to users of NewArtist who belong to at least one of the networks you allow to access the information through your privacy settings (e.g., school, geography, friends of friends). Your name, network names, and profile picture thumbnail will be available in search results across the NewArtist network and those limited pieces of information may be made available to third party search engines. This is primarily so your friends can find you and send a friend request. People who see your name in searches, however, will not be able to access your profile information unless they have a relationship to you (friend, friend of friend, member of your networks, etc.) that allows such access based on your privacy settings.
NewArtist may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message or poke, or someone posts on your wall, you may receive an email alerting you to that fact.
Generally, you may opt out of such emails from the Notifications page, though NewArtist reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
NewArtist may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a band or movie and personalizing advertisements and promotions so that we can provide you NewArtist. We believe this benefits you. You can know more about the world around you and, where there are advertisements, they're more likely to be interesting to you. For example, if you put a favorite movie in your profile, we might serve you an advertisement highlighting a screening of a similar one in your town. But we don't tell the movie company who you are.
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, NewArtist Platform developers and other users of NewArtist, to supplement your profile. Where such information is used, we generally allow you to specify in your privacy settings that you do not want this to be done or to take other actions that limit the connection of this information to your profile (e.g., removing photo tag links).
The Information We Collect
NewArtist is about sharing information with others — friends and people in your networks — while providing you with privacy settings that restrict other users from accessing your information. We allow you to choose the information you provide to friends and networks through NewArtist. Our network architecture and your privacy settings allow you to make informed choices about who has access to your information. We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. For example:
- Your News Feed and Wall may aggregate the information you provide and make it available to your friends and network members according to your privacy settings. You may set your preferences for your News Feed and Wall on your Privacy Settings page.
- Unlike most sites on the Web, NewArtist limits access to site information by third party search engine "crawlers" (e.g. Google, Yahoo, MSN, Ask). NewArtist takes action to block access by these engines to personal information beyond your name, profile picture, and limited aggregated data about your profile (e.g. number of wall postings).
- We may provide information to service providers to help us bring you the services we offer. Specifically, we may use third parties to facilitate our business, such as to host the service at a co-location facility for servers, to send out email updates about NewArtist, to remove repetitive information from our user lists, to process payments for products or services, to offer an online job application process, or to provide search results or links (including sponsored links). In connection with these offerings and business operations, our service providers may have access to your personal information for use for a limited time in connection with these business activities. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to the NewArtist-specified purposes.
- If you, your friends, or members of your network use any third-party applications developed using the NewArtist Platform ("Platform Applications"), those Platform Applications may access and share certain information about you with others in accordance with your privacy settings. You may opt-out of any sharing of certain or all information through Platform Applications on the Privacy Settings page. In addition, third party developers who have created and operate Platform Applications ("Platform Developers"), may also have access to your personal information (excluding your contact information) if you permit Platform Applications to access your data. Before allowing any Platform Developer to make any Platform Application available to you, NewArtist requires the Platform Developer to enter into an agreement which among other things, requires them to respect your privacy settings and strictly limits their collection, use, and storage of your information. However, while we have undertaken contractual and technical steps to restrict possible misuse of such information by such Platform Developers, we of course cannot and do not guarantee that all Platform Developers will abide by such agreements. Please note that NewArtist does not screen or approve Platform Developers and cannot control how such Platform Developers use any personal information that they may obtain in connection with Platform Applications. In addition, Platform Developers may require you to sign up to their own terms of service, privacy policies or other policies, which may give them additional rights or impose additional obligations on you, so please make sure to review these terms and policies carefully before using any Platform Application. You can report any suspected misuse of information through the NewArtist Platform and we will investigate any such claim and take appropriate action against the Platform Developer up to and including terminating their participation in the NewArtist Platform and/or other formal legal action.
- We occasionally provide demonstration accounts that allow non-users a glimpse into the NewArtist world. Such accounts have only limited capabilities (e.g., messaging is disabled) and passwords are changed regularly to limit possible misuse.
- We may be required to disclose user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We do not reveal information until we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, we may share account or other information when we believe it is necessary to comply with law, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the NewArtist service or using the NewArtist name, or to prevent imminent bodily harm. This may include sharing information with other companies, lawyers, agents or government agencies.
- We let you choose to share information with marketers or electronic commerce providers through on-site offers.
- We may offer stores or provide services jointly with other companies on NewArtist. You can tell when another company is involved in any store or service provided on NewArtist, and we may share customer information with that company in connection with your use of that store or service.
NewArtist Beacon is a means of sharing actions you have taken on third party sites, such as when you make a purchase or post a review, with your friends on NewArtist. In order to provide you as a NewArtist user with clear disclosure of the activity information being collected on third party sites and potentially shared with your friends on NewArtist, we collect certain information from that site and present it to you after you have completed an action on that site. You have the choice to have NewArtist discard that information, or to share it with your friends.
To learn more about the operation of the service, we encourage you to read the tutorial here. To opt out of the service altogether, click here.
Like many other websites that interact with third party sites, we may receive some information even if you are logged out from NewArtist, or that pertains to non-NewArtist users, from those sites in conjunction with the technical operation of the system. In cases where NewArtist receives information on users that are not logged in, or on non-NewArtist users, we do not attempt to associate it with individual NewArtist accounts and will discard it.
When you use NewArtist, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, photos, videos, Marketplace listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting comments, messages, photos, videos, Marketplace listings or other items, this information may become publicly available.
Third Party Advertising
Changing or Removing Information
Access and control over most personal information on NewArtist is readily available through the profile editing tools. NewArtist users may modify or delete any of their profile information at any time by logging into their account. Information will be updated immediately. Individuals who wish to deactivate their NewArtist account may do so on the My Account page. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to members of NewArtist.
Where you make use of the communication features of the service to share information with other individuals on NewArtist, however, (e.g., sending a personal message to another NewArtist user) you generally cannot remove such communications.
Contacting the Web Site
Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the NewArtist Principles, and governs our relationship with users and others who interact with NewArtist. By using or accessing NewArtist, you agree to this Statement.
Statement of Rights and Responsibilities
Sharing Your Content and Information
You own all of the content and information you post on NewArtist, and you can control how we share your content through your privacy and application settings. In order for us to use certain types of content and provide you with NewArtist™, you agree to the following:
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with NewArtist ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
We always appreciate your feedback or other suggestions about NewArtist, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep NewArtist users safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:
- You will not send or otherwise post unauthorized commercial communications to users, (such as spam).
- You will not collect users' information, or otherwise access NewArtist, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
- You will not use NewArtist to do anything unlawful, misleading, malicious, or discriminatory.
- You will not facilitate or encourage any violations of this Statement.
Registration and Account Security
NewArtist users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on NewArtist, or create an account for anyone other than yourself without permission.
- You will not use NewArtist if you are under 13.
- You will not use NewArtist if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
- You will not use NewArtist if you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without first getting our written permission.
- Protecting Other People's Rights
- We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on NewArtist that infringes someone else's rights or otherwise violates the law.
We can remove any content you post on NewArtist if we believe that it violates this Statement.
We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page.
If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
You will not use our copyrights or trademarks without our written permission.
You will not post anyone's identification documents or sensitive financial information on NewArtist.
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on NewArtist within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
If you purchase or use NewArtist Credits, or make direct payments, you agree to our Payments Terms.
Special Provisions Applicable to Share Links
If you include our Share Link button on your website, the following additional terms apply to you:
We give you permission to use NewArtist's Share Link button so that users can post links or content from your website on NewArtist.
You give us permission to use such links and content on NewArtist.
You will not place a Share Link button on any page containing content that would violate this Statement if posted on NewArtist.
Special Provisions Applicable to Developers/Operators of Applications and Websites.
If you are a developer or operator of a Platform application or a website using Connect ("application") or otherwise use Platform, the following additional terms apply to you:
You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Platform Guidelines.
When users add your application or connect it to their NewArtist account, they give permission for you to receive certain data relating to them. Your access to and use of that data will be limited as follows:
You will only use the data you receive for your application, and will only use it in connection with NewArtist.
- You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
- You will not use, display, or share a user's data in a manner inconsistent with the user's privacy settings without the user's consent.
- You will delete all data you received from us relating to any user who removes or disconnects from your application unless otherwise permitted in our Platform Guidelines.
- You will delete all data you received from NewArtist if we disable your application or ask you to do so.
We can require you to update any data you have received from us.
We can limit your access to data.
- You will not transfer the data you receive from us without our prior consent.
- You will not give us data that you independently collect from a user or a user's content without that user's consent.
- You will make it easy for users to remove or disconnect from your application.
- You will make it easy for users to contact you. We can also share your email address with users.
- You will provide customer support for your application.
- You will not show ads or web search boxes on NewArtist profiles.
- We give you all rights necessary to use the code, APIs (along with all content and data received), or tools we provide to you, but only in connection with your application.
- You will not sell, transfer, or sublicense our code, APIs, or tools to anyone.
- You will not misrepresent your relationship with NewArtist to others.
- You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Platform Guidelines.
- We can issue a press release describing our relationship with you.
- You will comply with all applicable laws. In particular you will (if applicable):
-Have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act.
-Comply with the Video Privacy Protection Act ("VPPA"), and will obtain explicit, opt-in consent from users prior to sharing with NewArtist user data subject to the VPPA. You acknowledge NewArtist has no obligations under the VPPA.
We do not guarantee that Platform will always be free.
You give us all rights necessary to enable your application to work with NewArtist, including the right to: incorporate your content into streams, profiles, and user action stories; link to or frame your application; and place content, including ads, around your application.
We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search).
To ensure your application is safe for users, we can audit it.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
About Advertisements on NewArtist
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
We do not give your content to advertisers.
You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers.
You can target your specific audience by buying ads on NewArtist or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available.
You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
Your ads will comply with our Ad Guidelines.
We will determine the size, placement, and positioning of your ads.
We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
We can use your ads and related information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with NewArtist without written permission.
We may reject or remove any ad for any reason.
You warrant that you have the legal authority to bind the advertiser to this Statement.
You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
We can change this Statement so long as we provide you notice through NewArtist (unless you opt-out of such notice) and an opportunity to comment.
For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote.
We can make changes for legal or administrative reasons upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of NewArtist to you. We will generally try to notify you, but have no obligation to do so. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15.1, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.10, 11.13, 11.14, and 13-16.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or NewArtist™ in a state or federal court located in Miami-Dade County. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Miami-Dade County, Florida for the purpose of litigating all such claims.
If anyone brings a claim against us related to your actions or your content on NewArtist, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
WE TRY TO KEEP NEWARTIST UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NEWARTIST "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NEWARTIST WILL BE SAFE OR SECURE. NEWARTIST IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A FLORIDA RESIDENT, YOU WAIVE FLORIDA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NEWARTIST, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR NEWARTIST WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NEWARTIST'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By "NewArtist" we mean the features and services we make available, including through (a) our website at www.NewArtist.com and any other NewArtist branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
By "us," "we" and "our" we mean NewArtist™, Inc. and/or its affiliates.
By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from NewArtist and provide data to us relating to NewArtist users.
By "content" we mean the content and information you post on NewArtist™, including information about you and the actions you take.
By "post" we mean post on NewArtist or otherwise make available to us.
By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
This Statement makes up the entire agreement between the parties regarding NewArtist, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Agreement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
If you would like us to notify you of any future changes to this Statement, visit our NewArtist™ Site Governance Page and become a fan.
You may also want to review the following documents:
These additional terms apply to all payments made on or through NewArtist.
This page helps you better understand what happens when you add a third-party application or use NewArtist Connect, including how they may access and use your data.
These guidelines outline the policies that apply to application developers and Connect sites.
These guidelines outline the policies that apply to advertisements placed on NewArtist.
These guidelines outline the policies that apply to contests, sweepstakes, and other types of promotions on NewArtist.
- How do I vote?
You can vote by using the 5 star rating system. Choose and click on the star(s), 1 star being the lowest rating and 5 stars being the highest rating. That’s it!
- Who can vote?
Anyone Worldwide over the age of 13.
- When can I vote?
During the open voters window as announced on the website. You can also check the contest timeline and check for specific dates.
- How much does it cost to vote?
It’s completely free, just register as a voter and you become a contributor voter.
- Can I vote by using any standard phone?
Currently we are not offering this service, but this feature will be available soon.
- How do I vote using mobile Text Messaging service?
Currently we are not offering this service, but this feature will be available soon.
- How do I know my Vote was counted?
You will see text on the page confirming your vote once your vote is counted.
- How do I find out the results?
You can log in to NewArtist.com/results to see the real-time data of the contestants.
- What happens when I summit my vote?
Your vote will appear almost instantaneous on the screen. And the most stars that Artist gets, automatically they are moved to the top 20 elite list, where celebrity and producers will do the judging and voting.
- Can I be an artist and a voter at the same time?
Yes. If you originally are an artist you will have one available cast vote, where you can vote for another artist or yourself.
- How do I enter?
Upload and complete contest entry (submission) which includes the following: Basic information; full name, address, date of birth, a maximum of 5 pictures of yourself and 1 video of yourself singing & dancing (Provided by YouTube.com)
- How do I know if I am chosen to be a finalist?
You will be contacted by e-mail with instructions that you must follow from thereafter.
- How can I check the results online?
You can go to NewArtist.com/timelineresults and see the up-to-date information on the contest and the current winners.
- How many times can I enter the contest?
You can enter the contest every 90 days after winners are announced.
- What is the minimum age to enter the musical contest?
13 years of age is the minimum age to enter the musical contest with an e-signature consent form signed by your parent or legal guardian.
- Why do I need to summit a parental consent e-signature?
It is required by international laws to have an electronic signature by a parent or legal guardian consenting for a minor of ages 13 - 17.
- Why did my submission get rejected?
There are various possible reasons.
- The most common rejection happens when the author is identified in the submission form or inside file tracks. Also, non-original music is rejected. We recommend reading the Contest Rules.
- How are entries rated and judged?
Videos are rated by fans using a 10-star system to bring down the count to the top 100. Videos are then judged by official judges, celebrities and famous producers on a variety of criteria including: Credibility, enthusiasm, voice skill, dance skill, quality of presentation.
- Can I enter more than one submission?
Sorry, only one submission per contestant.
- What does “entry under review” mean on the status bar?
NewArtist™ staff is reviewing and evaluating your submission.
- Can I add additional material to my profile before submission?
Yes, you can but you must submit your entry before midnight on the day of the contest.
- What are the prizes for the winning artist?
Please read the Contest Rules regarding Finalist Prize(s) and Grand Prize for complete details.
- Can I change my primary profile picture during the contest?
No, but you will have until the 28th of every month to change or modify your final profile picture.
- Can I have more than "One" picture in my profile?
Yes, you can have up to 5 pictures on your profile. However, the primary picture is the one that the judges will see.