NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS THE PIGEON FORGE PATH TO FAME VIRTUAL TALENT COMPETITION (THE “COMPETITION”). VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION.
BY ENTERING THE COMPETITION, YOU AGREE TO THESE OFFICIAL RULES, WHICH FORM A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITY OBLIGATIONS ON THE PART OF ENTRANT AND A LIMITATION OF ENTRANT'S RIGHTS AND REMEDIES. VOID WHERE PROHIBITED BY LAW OR REGULATION.
NOTE: To claim the Grand Prize, the winner must agree to participate in a performance at a Pigeon Forge theater prior to December 31, 2021 (theater to be determined by Pigeon Forge Department of Tourism in its absolute sole discretion). Winner must arrange for their own transportation to Pigeon Forge Tennessee. The performance may BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND OTHER RELEASED PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S SOLE DISCRETION.
You are providing your information to Pigeon Forge Department of Tourism (“Sponsor”), and the information you provide will only be used by the Sponsor to administer this Competition and for future email marketing. You may opt-out of email marketing any time after you receive your first email.1. ELIGIBILITY:
This Competition is open to legal residents of the 50 United States and the District of Columbia who are at least eighteen (18) years of age (or the age of majority in which the Entrant resides) at the time of entry, who register and submit an audition video with any of the following talent categories ("Entrant"): Acts may include a group not to exceed five (5) members.
The following types of performances will not qualify: Animal Act, Dance Teams, Individual Dancers, Gymnast or Acrobatic Acts will NOT be allowed to Audition. The talent competition Sponsor reserves the right to exclude, at its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of the terms and conditions, or tampering with the entry process or the audition process. Sponsor reserves the right to change the terms and conditions of the Competition at any time. By submitting an audition video and/or competing at any level in the process does NOT ensure that you will be selected to continue to the next stage. This is a family-friendly environment and any performance act or Entrant who exhibits behavior that is deemed inappropriate will be disqualified from participation in the competition.
By participating in this Competition, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor and or Judges; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meet all the eligibility criteria set forth in these Official Rules; and (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations. LIMIT: Participants can enter in more than one market’s audition and can send multiple audition videos; however, the first entry received for a single market’s audition per category is the only one that will be judged. Any subsequent entries per market per category will be disqualified.
Sponsor, Administrator, Judges and each of its respective companies, subsidiaries, vendors, advertising and promotion agencies, and any and all other companies associated with the Competition (collectively, the "Promotion Entities"), and each of their employees and their immediate family members and/or people living in the same household are not eligible to participate. All eligibility is subject to all federal, state and local laws and regulations. All entries submitted are the property of the Sponsor. The Sponsor's database clock will be the timekeeper for this Competition. This Competition shall be void where prohibited by law including convicted felons.
The following individuals are not eligible to participate or win:
The Pigeon Forge Path To Fame Competition (the “Competition”) entry begins Friday, August 14, 2020, at 12:00:01 a.m. (midnight) Eastern Daylight Time (“EDT”) and ends on the deadlines specified on www.pffame.com 11:59:59 p.m. EDT ("Entry Period").
All eligible Entrants will be judged by a panel selected by the Sponsor and at its sole discretion, to determine up to sixteen (16) Finalists ("Finalists") to advance to the Championship Round ("Championship Round"). Finalists will be announced within seven (7) business days after registration closes. Up to sixteen (16) Finalists will compete in the Championship Round where the Judges will determine one (1) grand champion ("Grand Champion"). Each Finalist will be required to submit a new video performance audition in order for the Judges to determine the Grand Prize Winner. Each Finalist must submit a second, new video between by October 19, 2020. Each Finalist will be judged by a panel selected by the Sponsor and at its sole discretion, to determine the Grand Prize winner.
Entry in the Competition does not constitute entry into any other promotion, competition, or sweepstakes. By participating in the Competition, each Entrant, as defined below unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Pigeon Forge Department of Tourism, 135 Jake Thomas Road, Pigeon Forge, TN 37863 (the "Sponsor" and "Judge"), and/or COHEN-FRIEDBERG ASSOCIATES, LLC Framingham, MA 01702 www.cfapromo.com (the "Administrator") whose decisions shall be final and legally binding in all respects and not subject to any further review in any forum.3. HOW TO ENTER:
A) Visit the Sponsor's Competition page: Access the Competition registration form(s) online at www.pffame.com during the Entry Period.
B) Select one (1) of the talent categories you wish to enter (brief description of your talent might be required):
C) Complete your registration with all other required information, agree to the Official Rules and execute all required eligibility/talent/travel/publicity waiver documents (collectively, "Waiver Documents"). Waiver Documents will be provided digitally and must be signed and submitted along with your audition video. Failure to complete all required information along with any Waiver Documents will render your Entry ineligible for judging.
Audition videos may not exceed three (3) minutes in length including all introductions. For vocal performers, you may use an accompanist who may appear in the video with you. Accompanist must be at least 18 years of age at the time the video is submitted. The accompanist will not be considered a contestant, is not eligible for any prizes and will not be evaluated by the judges. All entries are subject to verification and approval by the Sponsor. Entries that Sponsor decides, in its sole discretion, do not meet the content requirements for the audition video specified in these Official Rules or otherwise do not comply with the Official Rules herein may be disqualified. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
Sponsor reserves the right to cancel or modify the Competition if fraud, misrepresentation, or technical failures impair the integrity of the Competition as determined by the Sponsor, in its sole discretion, and to not award the prize, at the Sponsor's sole discretion, based on Eligible Entries received prior to the cancellation.
If you opt to access the Competition registration via your wireless mobile device (only available via participating wireless carriers), data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Competition. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges or lack of functionality of wireless devices.
Audition performances must NOT contain:
(a) advertising or commercial content for any party;
(b) content that endorses/promotes illegal or harmful activity;
(c) violent, profane, vulgar, obscene, defamatory or otherwise objectionable material;
(d) adult material;
(e) messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate;
(f) violates any law.
By submitting, participating, and performing on an audition video, participants grant Sponsor and/or the participating partners of the Competition, if any; a perpetual, worldwide, irrevocable, royalty-free license to transform, edit, modify, reproduce, distribute, transmit, publish, broadcast, perform, display, or otherwise use the Audition performance with or without modifications, in any form or medium whether now existing or later developed.
Entrant's Representations: By performing in an audition video you represent and warrant that the contents do not infringe the rights of any third party (including but not limited to copyrights and rights of publicity/privacy) and that you have the right to use/perform it.
Entry Notes: Tampering with the entry process or the operation of the Competition is prohibited, and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually performed cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. By entering/performing, all participants release the Sponsor, Judges, Administrator and each of their respective parent, subsidiary and affiliated entities including, all of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assignees, from and against all claims and damages arising out of or in connection with each Entrant's participation and/or entry in the Competition, travel to/from the Audition and/or his/her receipt or use of the prize awarded in this Competition.
Sponsor is not responsible for problems downloading or uploading any Competition-related information to or from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to web site entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant's ability to participate in this Competition.
JUDGING CRITERIA: All Eligible Entries will be judged by the Judges based on the following criteria:
One (1) Championship Round Grand Prize: The Championship Round will receive the below prize package. If a group is awarded the Grand Prize, the Grand Prize package will be awarded as a collective group prize and not individually.
The trip/performance date, the number of dedicated opening performances made available to the grand prize winner, the specific Pigeon Forge Theater(s) the opening performances are made available to, talent executive, artist, public relations professional, Pigeon Forge Theater personnel and photography session will all be determined by the Sponsor at its sole discretion.
Approximate retail value ("ARV") of this Grand Prize package is $4,251.30. The Grand Prize winner will be required to sign and return within seven (7) days of notification an Affidavit of Eligibility, a Liability Release, W-9 tax payer request for identification form and (where legal) a Publicity Release (collectively, "Winner Documents"). If a winner fails or refuses to sign and return the Winner Documents within seven (7) days of prize notification, the winner may be disqualified and an alternate winner may be selected. The alternate winner will be the entry with the next highest Judges’ score.
If Winner elects to partake in any or all portions of his/her Grand Prize with fewer than five (5) guests or no guests, the prize will be awarded to Winner and each participating guest and any remainder of the prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the prize must be redeemed at the time(s) agreed upon with various prize suppliers and sponsor, and no changes will be permitted after confirmation of any redemption. Reservations are subject to availability. Travel dates are subject to prize provider and Sponsor approval. ARV of Prize may vary depending upon timing of trip; any difference between stated ARV and final ARV of prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, transportation, insurance, meals, ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of winner. NO TRANSPORTATION INCLUDED.
Prize is provided on an "as is" basis, without any warranty of any kind. Prize is non-transferable.
Prize winner is responsible for any and all applicable federal, state, and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize.
No substitution or transfer of Prize is permitted. If the Prize or the Prize notification is returned as undeliverable or any non-compliance with the Official Rules or failure to respond within the applicable time period, it will result in forfeiture of the Prize and will be awarded to the next entry with highest Judges’ score as determined by the Judges (“Alternate Winner”).
Prize will be awarded only if the prize winner (as defined below) fully complies with these Official Rules. Sponsor or Sponsor's representative reserve the right to remove or to deny portions of the prize package to prize winner or its representatives who engages in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person with no further compensation.
Finalists will be notified within seven (7) business days post registration deadlines listed on www.pffame.com and the Grand Champion will be announced on or about October 22, 2020. Conduct of the Competition is under the supervision of the Sponsor. Winners will be notified in person, or by Email. The Finalist winners will be required to reply confirming their participation in the Championship Round within (48) hours of notification.
Prize winner must also complete any additional legal documents provided by Sponsor with respect to traveling to any Competition activities or the prize and return them as instructed within the time frame specified or winner may forfeit prizes at Sponsor's sole discretion. If a potential prize winner is unable to participate in or accept the prize or any portion of the prize for any reason, Sponsor will have no further obligation to the potential winner. Prize or prize documents returned as undeliverable will result in forfeiture of prize. Sponsor expressly reserves the right to delay the announcement of the prize winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an Alternate Winner in the event that any potential winner fails to comply with these Official Rules or fails to execute the documentation within the time frame specified.6. PUBLICITY RELEASE/ASSIGNMENT OF RIGHTS:
Participating in an Audition or Championship Round constitutes Entrant's permission for the Promotion Entities to use Entrant's Audition materials, name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and releases the Promotion Entities and Released Parties (as defined below) from all claims arising out of the use of such Attributes.
By participating in an Audition or Championship Round, Entrant grants the Sponsor and its agents the right to record, copy, publish, use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify such entry in any way, in any and all media, without limitation and without any compensation to the Entrant in perpetuity. Participating in an Audition or Championship Round further constitutes the Entrant's consent to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Audition, including, without limitation, all copyrights.
Acceptance of a prize constitutes permission for Sponsor and its designees to use winner's name, image and likeness for purposes of advertising, promotional activities and other purposes in any and all media now or hereafter known throughout the world for a period of two (2) years from the conclusion of the Competition, without further compensation, notification or permission unless prohibited by law.7. DISQUALIFICATION:
Sponsor reserves the right in his sole discretion to disqualify any individual who is found to have tampered with the entry process, or the operation of the Competition, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Competition, or to disparage, annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No incomplete, forged, software-generated or other automated multiple registrations will be accepted. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.8. LIMITATION OF LIABILITY:
Neither Sponsor, Judge, Administrator, the Promotion Entities, prize suppliers nor any of their respective parent, subsidiary or affiliated entities or any of their respective shareholders, officers, directors, employees, agents, attorneys, successors and assignees (the "Released Parties") shall be held responsible for, and Entrant hereby releases the Released Parties from any claims arising from or in any way relating to: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Competition; (iv) electronic or human error which may occur in the administration of the Competition or the processing of entries; (v) any injury or damage to persons or property, including but not limited to Entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from Entrant's registering in the Competition or participation in the Competition (vi) use of any prize and (vii) the judging process including the outcome of the Competition.
By participating in the Competition, all Entrants and prize winner agree to indemnify, defend and hold harmless Related Parties from any and all damages, claims, and liability (including attorney's fees and costs) arising out of or relating in any way to Entrants' and prize winners' travel to/from Competitions activities, participation in the Competition and acceptance or use of any prize and to release all rights to bring any claim, action or proceeding against Released Parties. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss or damage of any kind, or any other harm suffered directly or indirectly arising from or in connection with potential prize winner's participation in and/or entry into the Competition or acceptance or use of any Prize or, including but not limited to, traveling to, preparing for and/or participating in any Competition prize-related activity and for any claims based on publicity rights, defamation, invasion of privacy, and Prize delivery.9. DISQUALIFICATION/FORCE MAJEURE:
In the event an insufficient number of Eligible Entries are received and/or Sponsor is prevented from awarding the prize or continuing with the Competition as contemplated herein by any event beyond its control, including but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Competition. If the Competition is terminated before the designated end date, Sponsor will (if possible) and at the Sponsor's sole discretion, judge all eligible, non-suspect Auditions (if any) received as of the date of the event, giving rise to the termination. Inclusion in such judging shall be each Entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prize described in these Official Rules will be awarded.10. DISPUTES:
Except where prohibited by law, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state of Tennessee without regard its conflict of laws principles with state Tennessee, and all claims must be resolved in the courts of Tennessee; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Competition, but in no event attorneys' fees; and (3) unless otherwise prohibited, under no circumstances will Entrants and prize winners be permitted to obtain awards for, and Entrant's and prize winner hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than 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's and Sponsor in connection with the Competition shall be governed by, and construed in accordance with, the laws of the state of Tennessee, without giving effect to any choice of law or conflict of law rules (whether of the state of Tennessee or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Tennessee. THE PARTIES CONSENT TO EXCLUSIVE PERSONAL JURISDICTION IN TENNESSEE. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.11. ARBITRATION PROVISION:
By participating in this Competition, each Entrant agrees that any and all disputes the Entrant may have with, or claims Entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Competition, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the "Forum") and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location in Tennessee or at such other location as may be agreed by Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Competition. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or Sponsor. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. Entrants irrevocably waive all rights to a jury trial.12. WINNERS LIST:
To obtain the name of the winners visit the Sponsor’s Competition page www.pffame.com