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POLE SUPERSTAR CONTEST OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND TO SPONSOR NECESSARY TO ENTER OR WIN.  PURCHASE FROM SPONSOR WILL NOT ENHANCE CHANCES OF WINNING.  IF YOU ADVANCE TO THE FINAL ROUND, YOU MUST PAY YOUR TRAVEL EXPENSES TO NEW YORK CITY, WHICH EXPENSES MAY VARY DEPENDING ON WHERE YOU LIVE AND HOW LONG YOU WILL BE IN NEW YORK, TO COMPETE IN THE FINAL ROUND FOR THIS PRIZE. 

1. ELIGIBILITY:  The Pole Superstar Contest (the “Contest”), brought to you by Poledance Superstar LLC (the “Sponsor”), is governed by these Official Rules.  The Contest is open legal residents of the United States and the District of Columbia (except those jurisdictions in which this Contest is void, as indicated herein), who are 21 years of age or older at the time of entry, and who are able and available to travel to the New York City area on or about October 1, 2009. Void in TN, VT, and where prohibited.  Sponsor reserves the right, at any time, to verify eligibility requirements, in any manner it deems appropriate.  Employees and directors of Sponsor, its parent, subsidiary and affiliated companies, licensees, advertising, promotion or production agencies and provider companies (and their immediate family members and individuals residing in their same household) are not eligible. All entries become the exclusive property of Sponsor.

2. THE CONTEST PERIOD:  The Contest begins on June 19, 2009, 2009 at 12:00:01 a.m. Eastern Time (ET) and concludes on October 1, 2009 at 11:59:59 p.m. ET (“Contest Period”).  The computer of the Sponsor is the official timekeeping device for this Contest. 

3. TWO WAYS TO ENTER:  (1) Online: Visit www.polesuperstar.com (“Website”), between June 19, 2009 at 12:00:01 a.m. ET and August 7, at 11:59:59 p.m. ET (the “Entry Period”), and click on the Contest icon, banner or text link(s) to access the Contest registration page.  Follow the online instructions to register by providing your name, complete address, age, daytime phone number, email address, and a link to the website address containing your video entry featuring a pole dancing routine ("Video") (subject to the Submission Requirements of Section 5 below).  Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the sweepstakes or by any technical or human error which may occur in the processing of the entries.  Entrants may opt to receive email communications from Sponsor, and all information provided will be used as described in Sponsor's Privacy Policy.  Entrants can be removed from the email communications at any time by following the online instructions.  Opting to be removed from the email communications will not affect chances of winning. 

Limit one entry per person/e-mail/household.  Multiple entries, including submission of multiple entries by the same entrant using different email addresses, will invalidate ALL entries submitted by that entrant.  All entries become the exclusive property of Sponsor and will not be returned.  Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the sweepstakes or by any technical or human error which may occur in the processing of the entries.

By submitting a Video, you warrant represent that you have the right to submit the Video and that your submission of the Video, your entry, and your participation in the Contest does not violate the rights of any third parties nor any contractual obligations you may have to third parties. 

4.  SUBMISSION REQUIREMENTS.  By submitting a Video in the Contest and otherwise participating in the Contest, you hereby warrant and represent that your entry conforms to the requirements set forth herein, including that: (1) all Videos must be in the following file formats: 'website link'; (2) Videos may not be more than five (5) minutes in length; and (3) Videos can contain only an individual performer.  Videos and your performance therein must also meet the following requirements, namely, that they cannot:

  • Be sexually explicit, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or simulated sex acts;
  • Promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
  • Be obscene or offensive, endorse any form of hate or hate group;
  • Defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
  • Contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
  • Contain copyrighted materials owned by others (including choreography, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical "samples" other than the musical tracks provided) without permission;
  • Contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than entrant, without permission;
  • Communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
  • Depict, and cannot itself, be in violation of any law.

 

BY SUBMITTING A VIDEO, ENTRANT ACKNOWLEDGES THAT HIS/HER VIDEO AND PERFORMANCE MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION.  Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website.  By entering, you acknowledge that Sponsor has no obligation to use or post any Video you submit.  Submission of a Video grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Video in any way, in any and all media, without limitation, and without additional consideration to the entrant. 

By participating in the Contest, including by submitting a Video, you warrant and represent that: (a) you have obtained the rights to the Video from the individual who filmed the Video, and that he or she has provided his or her consent to the submission of the Video, and has or will sign and execute any releases, licenses or other documents as requested by Sponsor; (b) the Video has not been previously published; (c) the Video has not won any previous awards; (d) the Video and your performance therein do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) publication of the Video via various media including Web posting, will not infringe on the rights any third party rights. Any such entrant will indemnify and hold harmless, Sponsor from any claims to the contrary. 

5. JUDGING - Qualifying Rounds
Qualifying Round One:
All eligible entries will be judged by a panel of qualified judges.  The judges will review the entries based upon the following criteria: (1) creativity and innovation (33%); (2) athleticism (33%); and (3) performance and execution (33%) (the “Qualifying Round One Judging Criteria”).  The five (5) entries with the highest score received from the judges will be selected as Potential Finalists.  The ten (10) entries with the next highest scores received from the judges will be selected as Qualifying Round One Runners Up.  In the event of a tie, tied Videos will be judged by a second panel of qualified judges who will review the Videos based on the Round One Judging Criteria.  Potential Finalists and Qualifying Round One Runners Up will be required to execute an Affidavit of Eligibility and Liability/Publicity Release , an affidavit that their entry in unique, a release and license from the individual(s) who filmed the Video ("Releases").  Releases must be signed and returned to Sponsor on or before August 12, 2009 at 12:59pm ET.  Additionally, Potential Finalists and Qualifying Round One Runners Up must confirm their availability to compete in the Final Round on October 1, 2009 at approximately 7:00 p.m. ET at the Highline Ballroom in New York City, New York.  In the event that a potential Finalist or Qualifying Round One Runner Up is ineligible, not available on October 1 to be in New York, and/or fails to sign and return the Releases, Sponsor shall select the Entrant with the next-highest score as an alternate Finalist (or Qualifying Round One Runner Up).

Qualifying Round Two
The Videos from the ten (10) Qualifying Round One Runners Up will be featured on www.polesuperstar.com between 12:01:00 a.m. ET on August 17, 2009 and 11:59:59 p.m. ET on September 15, 2009 where consumers will be able to vote for their favorite Video ("Consumer Voting Period").  The Video that receives the highest ranking during the Consumer Voting Period will be the Online Superstar and will also be named a Potential Finalist.  Any attempt by entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names or email address and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify entrant in its reasonable discretion.  The additional Potential Finalist from Round Two will be notified on or about September 16, 2009.

Final Round:
By agreeing to be named a Finalist, the Finalist agrees that its Video, Routine (as defined below), and any recordings of the Routine at the Final Round (the “Recordings”) will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Finalist irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Video and Routine and the Recordings, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  Finalist hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to their Video and Routine and the Recordings.  Sponsor reserves the right to alter, change or modify the winning Video, in its sole discretion.  Upon request of Sponsor, Finalist shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Video, Routine and Recordings and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules.  Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.  Further, Sponsor may request from winner, that the Finalist secure from any choreographer(s) or person who filmed the Video (the videographer) an irrevocable assignment and transfer to Sponsor all of any choreographer(s) or videographer’s right, title and interest in and to the winner’s Video and Routine, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged.  The choreographer(s) or videographer may be required to waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the model(s) or videographer may now or later have in the Video and Routine.  Should Sponsor fail to request the said choreographer(s)assignment or videographer assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment(s).   

VIDEOS AND ROUTINES POSTED TO OR STREAMED ON THE WEB SITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.  Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.

6.  JUDGING – Final Round:  Finalists will be given from five (5) to nine (9) minutes to perform a pole dance routine (the “Routine”) at final round competition on or about October 1, 2009 beginning at approximately 7:00 p.m. ET at the Highline Ballroom in New York City, New York the (“Final Round”). 

The Final Round will be broadcast via the Internet at www.polesuperstar.com.  Viewers will be invited to vote for their favorite performance via text message.  The Grand Prize Winner will be determined based upon the number of votes, with the Grand Prize being awarded to the entrant with the highest number of votes overall.  In the event of a tie for first place, the tied Routines will be judged by a panel of qualified judges.  The judges will review the Routines based upon the following criteria: (1) creativity and innovation (33%); (2) athleticism (33%); and (3) performance and execution (33%).  The individual or group’s Routine that the receives the highest score from the judges will be selected as the potential Grand Prize Winner. 

The potential Grand Prize Winner (and all members of the Grand Prize winning group, if applicable) will be subject to verification and must meet all Video, Routine and eligibility requirements in order to be confirmed as the Grand Prize Winner. 

7. PRIZE DETAILS: Grand Prizes (One): $10,000.00 awarded as a check payable to winner and one (1) Jacob & Co. pendant necklace.  Total approximate value of all prizes $20,000.00.  ARV is as of date of printing of these Official Rules.  The difference between any stated prize value and actual prize value will not be awarded.  Approximate Retail Value (ARV) $20,000.00.  Winner must accept prize as specified by Sponsor and on dates designated by Sponsor, or prize will be forfeited.  Prize cannot be assigned, transferred, redeemed for cash, or substituted except by Sponsor who may, at its sole discretion, substitute any prize with one of comparable value if the advertised prize becomes unavailable for any reason.  Taxes on a prize are solely the responsibility of the winner.  Odds of winning depend on the number of qualified entries received.

8. CONDITIONS OF PARTICIPATION:  As a condition of entering, participants agree (a) to these Official Rules and the decisions of Sponsor which are final and binding, and (b) to release Sponsor, their parent, subsidiary and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents from any and all liability with respect to any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Contest or Contest-related activities including travel to and from Final Round, or use of the Video, Routine and Recording.  Except where legally prohibited, winner grants (and agree to confirm that grant in writing) permission to Sponsor and those acting under Sponsor’s authority the right to the use of his/her name, photograph, likeness, voice, image and biographical information and statements and the Video for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.

9. GENERAL PROVISIONS:  Neither Sponsor nor its agencies are responsible for not receiving entries, no matter what the reason even if known in advance, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or the failure to capture any such information.  Persons who tamper with any aspect of the Contest, as solely determined by the Sponsor, or who attempt to participate with multiple email addresses or under multiple identities will be disqualified.  Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries and disqualify any entrant using such methods.  Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.  In case of dispute, the authorized subscriber of the email or cell phone account used to enter the Contest at the actual time of entry will be deemed to be the participant, and must comply with these Official Rules.

10. GOVERNING LAW AND ARBITRATION: This Contest will be governed by and interpreted under the laws of the State of New York, without application of any conflicts of law rules. Disputes between the parties or their affiliates related to this Contest shall be submitted to final, binding arbitration heard by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (except as modified herein). Any counterclaim not brought within thirty (30) days after receipt of the arbitration notice shall be barred. The arbitration shall be conducted in New York state, in English. Unless otherwise specified herein, the arbitrator may award any relief that he deems proper, including but not limited to equitable relief. The award shall be final and binding and enforceable in any court of competent jurisdiction.

11. WINNER’S LIST:  For the names of the winners, write your name and address on a 3”x5” card, and mail in first-class, stamped envelope to:  Pole Superstar Contest Winners List c/o Starr & Co., 850 Third Avenue, New York, NY 10022 for receipt by Dec. 31, 2009.

12. SPONSOR:  Poledance Superstar LLC, c/o Starr & Co., 850 Third Avenue, New York, NY 10022 for receipt by Dec. 31, 2009.  Do not send correspondence to this address.