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Official Rules

(“Official Rules”) 

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR TO RECEIVE THE PRODUCTION BUDGET. A PURCHASE WILL NOT INCREASE ENTRANT’S CHANCES OF RECEIVING THE PRODUCTION BUDGET. THIS PROGRAM IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF ENTRANT IS NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

 

The verified Budget Recipient (as defined herein) will be required to produce the Idea (as defined below) into a show that is for sale on Stellar Live, Inc. within a time that is mutually agreed by the parties. If for any reason, the Budget Recipient is not able to produce the Idea into a show that is available for sale on Stellar within the timeline specified, the Budget Recipient will be disqualified and the production budget may be forfeited, all in the Sponsor’s sole discretion.

 

  1. Eligibility: The Stellar Emerging Creators in Theatre Program (the “Program”) is open to: (i) legal residents of the 50 United States and the District of Columbia, who are at least the age of majority in their state of residence (19 in NE and AL, 18 years of age or older in all other states), both at the time of entry or (ii) U.S.-based Organizations (as defined and described below). Employees, contractors, directors, officers, and agents of Stellar Live, Inc (“Sponsor”), and Goldstar Events, Inc. and each of their parents, affiliates, subsidiaries, sales representatives, and advertising, promotion and judging agencies and all other service agencies involved with the Program (collectively, “Program Parties”), and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or receive the production budget.

Only Organizations (as defined herein) and individuals are eligible to be entrants in this Program (collectively, an “Entrant”). If an Entrant is an Organization, an individual that is at least the age of majority in their state of residence and who has the authority to bind the Organization to these Official Rules and all other releases and documents must enter this Program on behalf of the Organization. ANY INDIVIDUAL ENTERING THIS PROGRAM ON BEHALF OF AN ORGANIZATION (“ORGANIZATION”) REPRESENTS AND WARRANTS THAT: (i) THE INDIVIDUAL HAS AUTHORIZED AUTHORITY TO ACT ON BEHALF OF SUCH ORGANIZATION, INCLUDING (WITHOUT LIMITATION) AUTHORITY THAT: (a) GRANTS PERMISSION TO INDIVIDUAL TO SUBMIT THE ORGANIZATION’S IDEA AND ENTRY (BOTH AS DEFINED BELOW) AND (b) VERIFIES THAT SUCH ORGANIZATION AGREES TO THESE OFFICIAL RULES. WRITTEN PERMISSION AND VERIFICATION OF SUCH AUTHORITY MUST BE PROVIDED TO SPONSOR AT ITS REQUEST. If such permission/verification cannot be provided to Sponsor or if it is determined that the individual entering the Program on behalf of the Organization does (or did) not have authority to do so, the Entrant may be disqualified and the budget (if any) shall be forfeited, all as determined by Sponsor in its sole discretion. An individual entering on behalf of an Organization understands that if the Organization is a Budget Recipient (as defined below), the Production Budget will be awarded solely to the Organization and not to the individual.

 

This Program is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Program. Being selected to receive a production budget is contingent upon fulfilling all requirements set forth herein.

 

  1. Sponsor: Stellar Live, Inc., 141 South Lake Ave. Suite 200, Pasadena CA 91101 (“Sponsor” or “Stellar”).

 

  1. Program Entry Period: The Program begins on 3/22/21 at 12:01am and ends on 5/17/21 at 11:59pm PT (the “Program Entry Period”). The Program consists of two rounds Round One (finalist) selection and Round 2 (Budget Recipient) selection (all as defined below) as follows (each a “Round”):
  2.  
Round Round start date/time (if applicable) Round end date/time (if applicable)
One 3/22/21 5/11/21
Two 5/12/21 5/17/21

 

*Round One shall be the only Round in which Entrants may submit an entry into the Program, and the start time/date and end time/date for Round One shall be referred to as “Round One Entry Period.” All entries must be received before the end time/date of Round One to be valid.

 

For the avoidance of doubt, only Entrants that are selected and verified as Round One finalists will be considered for the Round Two selection.

 

  1. How to Enter: Create an original production idea for use on an online platform (“Idea”). Then, during the Round One Entry Period, visit www.stellartickets.com/emergingcreators/theatre (“Website”) and complete the entry form with all required information, including (without limitation) the Entrant’s name, address, daytime phone number, email address, and submit: a fleshed-out summary and description of Entrant’s Idea. Entrant must also complete all other requested information and requests to receive an entry into the Program.

 

The Idea must be the original idea of the Entrant. Entries must comply with all restrictions as set forth on the Website and herein. Entrant’s registration information and Entry (as defined below) must be in English. Although not required for entry, it may be helpful if the Entrant has: experience in theatre making or organization with the demonstrated skills to produce a live event; a fleshed-out concept, budget and basic plan for their Idea; and a good working knowledge of the technologies related to filming and producing an online show may have.

 

As used herein, “Entry” refers to all content an Entrant submit in connection with the Program (including, but not limited to, the Idea, the Summary (as defined below), descriptions, writings, and all related content, etc.). Sponsor reserves the right to reject any Entry that does not adhere to the submission requirements, as determined in Sponsor’s sole discretion, and/or disqualify such Entrant. By submitting Entry for the Program, Entrant hereby warrants and represents that its Entry conforms to the Entry Requirements set forth herein.

 

If an individual is entering on behalf of their Organization, by submitting an Entry, individual represents and warrants to Sponsor that they have received permission from the Organization to submit such Entry, the Idea, and all relevant information (including the Summary, etc.).

 

Entrants who do not follow all of the instructions, provide the required information in their submission form, fully complete and submit the submission form, agree to these Official Rules or any other rules or policies set forth by Sponsor, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified.

 

Limit: One (1) entry per Entrant Idea/Entry during the entire Program Entry Period.

 

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may Entrants use any other device or artifice to enter multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all production budgets won, in Sponsor’s sole discretion. Multiple Entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Program and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of entry will be considered the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential Budget Recipient may be required to show proof of being the Authorized Account Holder.

 

  1. Entry Requirements: Entrants represent and warrant that their Entry is the original work of such Entrant; it has not been copied from others; it has not previously been a finalist (or recipient) of any award in a previous promotion, Program, or challenge; it does not violate the rights of any kind of any person or entity; and production and publication of the Entry via various media including Web streaming will not infringe on the rights of any third party. Any such Entrant will indemnify and hold harmless Released Parties (defined below) from any claims to the contrary. Any Entrant whose Entry includes name and/or likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to the names, trademark, or other company’s logos of another companies,) must be able to provide legal releases for such use including Sponsor’s use and publication of such Entry, in a form satisfactory to Sponsor, upon request, prior to award of production budget and/or naming of Entrant as a Finalist/Budget Recipient (if requested).

 

By submitting an Entry, Entrant agrees that its Entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use such ideas without any additional compensation to Entrant. Entrant acknowledges that, by acceptance of its Entry, Sponsor does not waive any rights to use similar (regardless of how similar) or related ideas previously known to Sponsor, or developed by its employees and/or contractors, or obtained from sources other than such Entrant.

 

Any Entry submitted by an Entrant must conform to the additional submission requirements set forth herein:

  • Entry must comply with these Official Rules, the Website Terms of Service/Use, and all other policies, releases, documents, and terms presented by the Sponsor and/or on the submission Website;
  • Entry cannot be unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, or any materially dangerous activity;
  • Entry cannot endorse any form of hate or hate group;
  • Entry cannot defame, misrepresent, or contain disparaging remarks about Sponsor or its products, or other people, products, or companies;
  • Entry cannot contain trademarks, logos, or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the Entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Program. Do not copy a favorite movie, play, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than Entrant unless Entrant has obtained all rights necessary to permit Entrant to use same in connection with the Entry and grant the rights herein granted to Sponsor; and
  • Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission or unless such materials are otherwise in the public domain.

 

Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. Sponsor reserves the right to waive the Program submission requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Program Entry Period, to request that any Entrant resubmit his or her Entry which fails to comply with the entry requirements prior to any judging period.

 

  1. Round 1 Judging/Notification: Finalists will be determined as follows – At the conclusion of the Round One Entry Period, a panel of judges (“Program Judges”) will review and judge each Idea based on the following criteria (“Round One Judging Criteria”):
  • The artistic merit of the proposed event concept;
  • The commercial potential (particularly evaluating the potential revenue in light of the budget of the event); and
  • The professional credibility of the Entrant as being able to deliver the show described.

 

At least three (3) eligible Entrants whose eligible Ideas receive the ranking amongst all Round One Judging Criteria will be deemed the potential finalists (“Finalist(s)”), subject to verification. In the event of a tie for a Finalist position, the tied Entries shall both move forward as Finalists subject to verification.

 

On approximately 5/12/21, Sponsor shall notify potential Finalists by phone and/or email at the information provided during registration. Sponsor is not responsible for change in email address and/or phone number.

 

Each Finalist may be required to attend, participate in, and be eligible for Finalist interview or presentations on dates indicated by Sponsor.

 

  1. Finalist Round Two Requirements/Judging/Notification:

 

Only verified and qualified Finalists may participate in the Round Two. Finalists may be required to sign and return a release document and (if Finalist is an Organization) a Delegation of Authority document within five (5) days of the date on such document(s) or Finalist position may be forfeited. Each Finalist must be available to attend, participate in, be present at, and be eligible for the any virtual meetings or events requested by Sponsor. During the Round Two Entry Period, Entrant will be required to present to Sponsor additional information and details about the Idea as well as the proposed budget and basic plan for the Finalist’s Idea (collectively, the “Summary”) via written and/or oral presentation† (“Round Two Presentation”). At time of Finalist notification, Sponsor shall provide the Finalist will all details on what/how the Summary needs to be presented and all details regarding the Round Two Presentation. Finalist may be subject to additional timelines to submit Summary materials, attend Round Two Presentation(s), etc. If for any reason the Finalist cannot attend a virtual interview, does not submit Summary information, does not submit Summary information within the timeline specified, does not complete the Round Two Presentation as specified, or otherwise does not comply with these Rules and/or the additional details provided to the Finalist at the time of notification may be disqualified (all as determined in Sponsor’s sole discretion).

 

Sponsor reserves the right to provide additional restrictions, requirements, terms, and details regarding the Round Two requirements (including without limitation, the Summary and the Round Two Presentation).

 

Round Two Judging: The Program Judges will judge each of the Finalist’s Round Two Summary and Round Two Presentation’s portions as follows (“Round Two Judging Criteria”):

  • The artistic merit of the Summary;
  • The Finalist’s performance and conveyance of ideas via the Round Two Presentation;
  • The commercial potential (particularly evaluating the potential revenue in light of the budget of the event) of the Summary;
  • The professional credibility of the Entrant as being able to deliver the show described;
  • The Summary details; and
  • The ability to handle (and content of the responses to) Sponsor’s questions and comments during the Round Two Presentation.

 

The Finalist whose Round Two Summary and Presentation receive the highest ranking amongst all Round Two Judging Criteria will be deemed the potential budget recipient (“Budget Recipient”), subject to verification. In the event of a tie, Sponsor shall select another independent Program Judge that will review the tied Finalists’ Round Two Summaries and Presentations based on the Round Two Judging Criteria. The Finalist with the higher total score will be deemed the potential Budget Recipient, subject to verification.

 

Potential Budget Recipient will be notified by email and/or phone number on or around 5/17/21.

 

† If applicable, Entrant must be present (via a virtual link/call) at any requested interview or presentation (as applicable) in order to be eligible for such round. If, for any reason, such Finalist cannot attend a requested interview or presentation, such individual will be disqualified from the Program. Entrant may not name a stand-in/proxy to participate/complete any interview or presentation. Verified Finalists shall not receive ANY item for being selected as Finalists (except for the opportunity to be selected to receive the production budget) and all costs or fees incurred as a result of the Finalist’s Round Two Presentation or interview or presentation shall be the Finalist’s sole responsibility.

 

 

  1. Production Budget: Sponsor will select one verified Budget Recipient to receive a production budget for up to $50,000 to be used to produce the Idea described in the Entry. However, the Sponsor reserves the right (but has no obligation) to select more than one (1) Budget Recipient to receive a production budget. If the Entrant is an Organization, the Production Budget shall be awarded to the Organization and not the individual that entered on behalf of the Organization.

 

The Budget Recipient will be required to produce the Idea into a show that is for sale on Stellar on a date that is mutually agreed by the parties. If for any reason, the Budget Recipient is not able to produce the Idea into a show that is available for sale on Stellar within the timeline agreed to, the Budget Recipient will be disqualified and the production budget may be forfeited, all in the Sponsor’s sole discretion. The exact amount of production budget to be awarded shall be based on the budgetary needs of the show and the potential impact of additional funds, as determined by Sponsor in its sole discretion. Approximate Retail Value (“ARV”): Up to $50,000.  

 

Production budget will be awarded solely to the individual that submitted the Entry and no Production budget will be awarded to the Organization or any other Organization member. Any unused amount will be forfeited. Additional production budget terms and restrictions may be provided to Budget Recipient at time of award.

 

To the extent applicable, Sponsor will notify the Budget Recipient as well as the Budget Recipient’s Organization with whom Budget Recipient is affiliated/has entered on behalf of. Production Budget will only be awarded to such Entrants upon notice to said Organization in conformity with their company/organization/entity’s internal policies regarding receipt of budgets/grants/other items. Production budget fulfillment is subject to the Organization’s internal policies. It is the Organization’s sole and ultimate responsibility to determine how and if any production budget will be retained internally and Sponsor assumes no responsibility for the decisions made by such Organization regarding internal distribution or decisions.

 

ARV is the maximum amount that will be awarded in connection with the Program. The difference between the value of the production budget stated and the actual amount awarded, if any, will not be awarded. Limit: one (1) production budget per Entrant. Production budgets are non-transferable and no cash equivalent or substitution of production budget is offered, except at the sole discretion of the Sponsor. If a production budget, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right not to award such production budget portion. Budget Recipient will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the production budgets they receive, regardless of whether it, in whole or in part, is used.

 

  1. Release: As a condition of entering, Entrants agree (and agree to confirm in writing): (a) to release Sponsor, Program Parties, each of their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (collectively, “Released Parties”), from any and all liability, loss or damage incurred with respect to the participation in this Program and/or the awarding, receipt, possession, and/or use or misuse of any production budget or any item redeemed therewith; (b) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Program, or any production budget awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.

 

  1. License: The Entrant shall own the show and show content described in the Entrant’s Entry; provided that Entrant understands that, in consideration for receiving the production budget, each Budget Recipient shall grant to Sponsor the worldwide, irrevocable, exclusive right and license to (i) digitally transmit and stream such show and show content live and on-demand for a one-year period, and (ii) use and make reproductions of the show and show content to market and promote the show, Sponsor and Sponsor’s streaming platform. The Entrant further acknowledges and agrees that each Budget Recipient will be required to execute Sponsor’s standard form of Production Agreement. The license granted by Budget Recipient to Stellar shall be subject to terms and conditions of the Production Agreement. The Production Agreement may provide for further obligations to Sponsor in connection with the Budget Recipient’s exploitation of the show and show content after expiration of the license to Sponsor.

 

  1. Publicity: Except where prohibited by law, each Finalist and the Budget Recipient grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use their name, photograph, and/or likeness, as well as the name of the Organization and its logos and trademarks in advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. Entrants understand that if they are selected and verified as the Budget Recipient, and the Entry is developed into a production available on Sponsor’s streaming show platform, the production will indicate that the production was developed in partnership with Stellar Live (in the manner decided by Sponsor in its sole discretion).

 

  1. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Program, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Program or for any other reason, as determined by Sponsor in its sole discretion. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant it finds to be tampering with the entry process, the website, or the operation of the Program or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any Entrant or person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

  1. Binding Arbitration: Any controversy or claim arising out of or relating to this Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROGRAM IF ENTRANT DOES NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE PROGRAM, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY PRODUCTION BUDGET AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (2) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE AND IN SECTION 10(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.

 

  1. Governing Law & Jurisdiction: This Program and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Program Official Rules, or the rights and obligations of Entrants and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 14 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, in the county of Los Angeles.

 

  1. Entrant’s Personal Information: Please see the privacy policy located at https://www.stellartickets.com/pages/privacy for details of Sponsor’s policy regarding the use of personal information collected in connection with this Program. If Entrant is selected as a Budget Recipient, Entrant’s information may also be included in a publicly-available list.

 

  1. Budget Recipient’s List: For a list of the Budget Recipient, please visit www.stellartickets.com/emergingcreators/theatre.  Requests must be received by 7/30/21.