Hot 16 Challenge

“BET Hot 16 Challenge Contest” --- Official Rules.

OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES and the District of Columbia (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS),
21 YEARS OR OLDER.

1. HOW TO ENTER: The BET Hip-Hop Awards Hot 16 Challenge contest (“the Contest”) begins on August 19, 2008 at 6:00 PM EST and ends on October 1, 2008 at 6:00 PM EST. You may enter the Contest between August 19, 2008 and September 1, 2008 (the “Entry Period”) by performing the following steps:

Step 1: Go to http://www.bet.com/Hot16 or www.myspace.com/BETHot 16 (the “Contest Site”) and sign in with your MySpace ID. If you are not an existing MySpace ID account holder, you must register for a free MySpace account prior to submitting your entry. Follow the on-screen directions to create your MySpace ID.

Step 2: Download a track produced and provided courtesy of So So Def Recordings, Inc. (the “SoSo Def Music”) and use the SoSo Def Music as background music when you record your hottest 16 bars (i.e., the number of bars of music contained in one rap verse) telling us why you and your entourage should be at this year’s BET Hip-Hop Awards (your “Rap” or “Entry”). Upload your Rap onto the Contest Site before 6:00 PM EST on September 1, 2008. Each Rap must adhere to the following guidelines:

1) Rap must be no more than two minutes (2:00) in length;
2) Rap must include only you (the “Entrant”) and not anyone else;
3) Rap lyrics must be 100% original and not infringe upon any copyrights, trademarks or other intellectual property;
4) Rap must be radio-friendly and contain absolutely NO obscene, profane or other objectionable words; sexually explicit or derogatory lyrics, images or gestures; or objectionable content of any form;
5) Rap must not mock, ridicule or disparage the Contest Sponsor (as defined herein in Section 9), MySpace or their products or services, or any ethnic, religious or national group, or sexual orientation; and
6) Rap may only contain the SoSo Def Music as the backbeat or background music, and may not contain any other music.

Upon proper submission, you become an Entrant in the Contest. Detailed instructions on how to download the SoSo Def Music, use the SoSo Def Music as background for your Rap, and upload your Rap are contained at http://www.bet.com/Hot16 and www.myspace.com/BETHot 16. Refer to Section 3 (Conditions of Entry) of these Official Rules for additional restrictions and terms governing the submission of an Entry.

Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant who submits an Entry that violates these Official Rules, and to remove that Entrant’s Entry from the Contest Site.

Entrants agree not to use the Entry and/or the SoSo Def Music for distribution or transmission for any purpose not expressly set forth in these Official Rules (an “Unauthorized Use”). Entrants further agree and acknowledge that any Unauthorized Use would violate the copyrights and intellectual property of the Sponsor and agree to indemnify, defend and hold harmless Sponsor for any such Unauthorized Use. Sponsor and MySpace assume no responsibility for any computer, technical, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend, or terminate the Contest in whole or in part by giving such notice, in any form and manner deemed appropriate by the Sponsor. Limit: One (1) Entry per person.

2. ELIGIBILITY REQUIREMENTS: This Contest is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 21 YEARS OR OLDER as of August 19, 2008. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC, BET Interactive, LLC, So So Def Recordings, Inc., MySpace Inc. (“MySpace”), and their respective parents, affiliates, subsidiaries, divisions, advertising and promotion agencies (all of the foregoing collectively referred to as “Promotion Entities”) are not eligible to enter. This Contest is subject to all federal, state and local laws. By entering this Contest, each Entrant agrees to release and hold harmless the Promotion Entities, and their respective parent companies, affiliates, subsidiaries, agencies, employees, officers, directors, representatives, and advertising and promotion agencies, from any injury, loss, death, damage, action, claim, demand or other liability that may occur from Entrant’s participation in this Contest or from the acceptance or use of any prize awarded, or attendance at any event. The Sponsor reserves the right to verify eligibility qualifications of any winner and to change the Official Rules at any time. U.S. law governs this Contest. By entering, Entrants agree to be bound by these Official Rules.

3. CONDITIONS OF ENTRY: An eligible Entry must be received as described above in Steps 1-2 of Section 1 of these Official Rules. Incomplete entries are void. By entering, Entrants agree to comply with these Official Rules, including, without limitation, all Eligibility Requirements (Section 2) and the General Conditions (Section 6), the MySpace.com Terms of Use Agreement, located at http://www.myspace.com/index.cfm?fuseaction=misc.terms, and the MySpace Privacy Policy, located at http://www.myspace.com/index.cfm?fuseaction=misc.privacy. To enter, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered), which may be used by Sponsor and MySpace for the purposes of Entry tracking and as set forth in the MySpace Privacy Policy. Entry will be deemed to have been submitted by the authorized account holder of the e-mail address from which the Entry is made. Sponsor and MySpace are not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted illegible or misdirected entries. All entries and video submissions will not be acknowledged or returned. Entries submitted in connection with this Contest must not contain any copyrighted works (other than as owned by the Entrant and as authorized for use by Entrants in connection with this Contest (e.g. master sound recordings and their underlying musical compositions made available for Entrants in connection with the submission of an Entry (collectively, “Authorized Assets”)). Any elements appearing in your Entry, including without limitation music, audio, speech/voiceovers, stills, video or other audiovisual materials (collectively, “Elements”) used must be entirely original, created and performed by you, be fully in the public domain, or be an Authorized Asset. Use of any Element or other material that is not original, not fully in the public domain or not an Authorized Asset may result in disqualification of Entry, in Sponsor’s sole discretion.

In addition, by uploading or creating an Entry in this Contest, each Entrant: (i) WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE INDIVIDUAL PICTURED AND HEARD IN THE ENTRY; (ii) WARRANTS AND REPRESENTS THAT HIS/HER ENTRY, WITH THE EXCEPTION OF ANY AUTHORIZED ASSETS CONTAINED THEREIN: (a) IS ORIGINAL TO THE ENTRANT, HAS BEEN LEGALLY OBTAINED AND CREATED, AND THAT THE ENTRANT OWNS ALL RIGHTS TO THE ENTRY, INCLUDING, WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE CONTAINED IN ANY OF THE ABOVE; (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, REGULATIONS, OR NETWORK STANDARDS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS CONTESTS OR AWARDS; AND (d) HAS NOT BEEN PUBLISHED PREVIOUSLY, AND WILL NOT BE PUBLISHED OR UPLOADED, TO ANY OTHER MEDIUM, INCLUDING, WITHOUT LIMITATION, ANY ONLINE VIDEO SERVICE; (iii) notwithstanding any contrary language in the MySpace.com Terms of Use Agreement, irrevocably grants to Sponsor and its parents, subsidiaries, affiliates, legal representatives, assigns, agents and licensees, the exclusive unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used) the Entry in whole or in part, including, but not limited to, the audio and/or video recording and performances contained in any of the above items (in each case, as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s sole discretion), as well as the Entrant’s name, address, image, voice, likeness, statements, biographical material and any additional photographic images, video images, audio recordings, portraits, interviews or other materials relating to the Entrant and arising out of his/her participation in this Contest (with or without using the Entrant’s name) (collectively, the “Additional Materials”) in perpetuity in any media throughout the world, whether now known or later created, for any purpose, without limitation, and without additional review, compensation, or approval from the Entrant or any other party; (iv) acknowledges and agrees that (a) Promotion Entities and other Entrants have access to and/or may create or have created literary, film, tape and/or other materials, ideas and concepts which may be similar or identical to an Entry in theme, idea, plot, format, characters and/or other respects; (b) the Entrant will not be entitled to any compensation or other consideration because of the use by Promotion Entities or other Entrants of any such similar or identical material, ideas and/or concepts; and (c) Promotion Entities use of material containing elements similar to or identical with those contained in the Entrants Entry shall not obligate Promotion Entities to negotiate with nor entitle Entrant to any compensation or other claim; (v) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Sponsor’s use of the Entrant’s Entry or Additional Materials, or require the Entrant’s permission for the Sponsor to use them for any purpose, and agrees to never sue or assert any claim against the Sponsor’s use of the Entry or Additional Materials; and (vi) agrees to indemnify and hold the Promotion Entities and their respective parent, subsidiaries, affiliates and their respective officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (a) any Entry or Additional Materials (including, but not limited to, any and all claims of third parties, whether or not groundless, based on the submission of such other material); (b) any breach by Entrant of any warranty, agreement or representation contained in the Official Rules, MySpace Terms of Use Agreement, or in any documentation submitted by Entrant; (c) the Entrant’s conduct during and in connection with this Contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation; or (d) the acceptance of any prize.

4. PRIZE: One (1) winner (the “Winner”) will receive a VIP trip for four (4) to the BET Hip-Hop Awards scheduled for October 18, 2008 at the Atlanta Civic Center in Atlanta, Georgia (the “Award Show”). The prize package includes: (i) one (1) hotel suite for two (2) nights selected solely by Sponsor (room & tax only); (ii) limousine service while in Atlanta, Georgia to and from the Awards Show and to and from an Award Show pre-party on October 17, 2008 (the “Pre-Party”); (iii) VIP admission for four (4) to the Pre-Party; (iv) an opportunity to meet with Jermaine Dupri in a recording studio venue in Atlanta, Georgia and have that meeting recorded on video; (v) exhibition of the video recording of the meeting with Jermaine Dupri on BET.com and possibly in other media as determined by BET Interactive, LLC, in its sole discretion; (vi) an opportunity to walk the red carpet at the Awards Show; and (vii) four (4) VIP tickets to the Award Show. If the Winner resides seventy five (75) miles outside of the Atlanta, Georgia metropolitan area, the prize package also includes: (i) four (4) roundtrip coach class airline tickets from the closest major gateway airport to Atlanta, Georgia; and (ii) limo service while in Atlanta, Georgia to and from the airport and hotel (collectively, the “Prize”). Approximate retail value Four Thousand Nine Hundred Dollars ($4,900.00). Actual Retail Value will depend on the Winners place of residence. Prize does not include meals, gratuities, ground transportation to and from the Winners residence (unless he/she resides in the Atlanta, Georgia area) or entourages’ residence, ticket administrative fee and travel taxes, or any other expenses not specifically listed herein. Restrictions and blackout periods may apply to travel and hotel accommodations. Prize package has no cash redemption value and must be taken during the period October 17, 2008 – October 20, 2008. Travel companions must be 21 years of age or older at the time of travel. If the Winner cannot be available on any specified dates, Prize will be forfeited and may be awarded to an alternate winner (if selected). ANY FEDERAL AND STATE TAXES ON A PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. No substitution or transfer of prizes permitted, except at the sole discretion of Sponsor. If a prize is unavailable, Sponsor reserves the right to substitute a prize of equal or greater value. All prizes will be awarded, provided they are properly claimed.

5. DETERMINATION OF WINNER:

Step 1: Voting Period
Between September 2, 2008 at 6:00 PM EST and September 15, 2008 at 6:00 PM EST (“the Voting Period”), members of the public (each, a “Public Voter”) will have the opportunity to view a series of head-to-head comparisons between two (2) Entries (e.g., a “Faceoff”) submitted during the Entry Period on www.myspace.com/BETHot 16. A software- resident algorithmic formula will generate the series of Faceoffs in a random manner in attempt to ensure there are no duplicate or repeat pairings. Each Public Voter will select, between the two (2) contenders in that Faceoff, the Entry that expresses the most compelling story for why the Entrant and his/her entourage should be at the Award Show (each such selection referred to as a “Vote”). The voting process of determining the Finalists shall be conducted under the supervision of MySpace.

Step 2: Selection of Finalists
On September 15, 2008, MySpace will begin to tally the results of all Votes received during the Voting Period and select the five (5) Entrants with the highest number of cumulative Votes (the “Finalists”). In the event that more than five (5) Entrants qualify as having received the highest number of cumulative votes because they have received an equal number of votes (i.e. there is a tie), all such Entrants will be considered Finalists for the purpose of determining a Winner. The next top five (5) Entrants with the highest number of cumulative Votes during the Voting Period will be referred to as Alternates. In the event that more than five (5) Entrants qualify as next highest number of cumulative votes because they have received an equal number of votes (i.e. there is a tie), all such Entrants will be considered Alternates.

Step 3:
The Entries of all Finalists will be posted on http://www.bet.com for viewing and voting by BET.com users between September 17, 2006 at 6pm ET and September 24, 2008 at 6pm ET. BET.com users will use their votes to recommend, not select, a winner for the Contest.

Step 4: Selection by Jermaine Dupri
Jermaine Dupri will consider the recommendations of the BET.com users and select, based on originality, creativity and overall composition, as determined by Jermaine Dupri, in his absolute and sole discretion, one (1) Winner from among the Finalists on October 1, 2008 on or before 6pm EST. For clarity, Jermaine Dupri may or may not choose the Winner recommended by the BET.com users. Sponsor will notify the potential Winner by phone and/or e-mail.

PLEASE NOTE THAT ALL FINALISTS ARE SUBJECT TO VERIFICATION BY SPONSOR, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS AND SUBMIT ALL DOCUMENTS REQUIRED BY THE SPONSOR BEFORE A FINALIST MAY BE CONFIRMED AS A WINNER OF ANY PRIZE.

6. GENERAL CONDITIONS: Potential winners (their parent/legal guardian if potential winners are residents of a jurisdiction that deems them to be minors) will be required to sign and return any applicable documents sent by Sponsor related to the Contest, which may include, but are not limited to a Letter of Prize Acceptance and an Affidavit, Waiver of Liability, Publicity and Travel Release within five (5) days of notification. Failure to return the documents as specified or if prize notification is returned as undeliverable will result in the Entry being disqualified, and an alternate winner may be selected. Where permitted by law, each Entrant (except in the case of a minor) agrees to grant to Sponsor and Sponsor’s licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Entrant’s video clip, name, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grant such rights may result in disqualification with an alternate winner possibly being selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deem appropriate for the Entrants to appear for a presentation or other activity. Further, by accepting a prize, the Winner agrees to release and hold harmless Sponsor and MySpace, their parents, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind to person, including death, and property arising whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, the travel or participation in the Award Show or the Pre-Party, participation in any Contest related activity, or participation in this Contest. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL SPONSOR OR MYSPACE, THEIR PARENTS, SUBSIDIARIES, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSORS, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO USE OF INTERNET SITES www.BET.COM OR MYSPACE.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE SITES IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL. THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Sponsor and MySpace reserve the right, in their sole discretion, to disqualify any individual they find, in their sole discretion, to be tampering with the entry process or the operation of the Contest or website; to be in violation of the MySpace Terms of Service, located at http://www.myspace.com/index.cfm?fuseaction=misc.terms to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or group. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Contest at the actual time of the entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses email, addresses or the domain associated with the submitted e-mail address.

7. DISPUTES: As a condition of participating in this Contest, Entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of New York having competent jurisdiction, which Court shall apply the laws of the State of New York without regards for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, nor consequential damages, or any other damages, including attorney’s fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and Entrant further waives all rights to have damages multiplied or increased.

8. WINNERS’ LIST: For a list of prize winners, available after November 1, 2008, mail a self-addressed stamped envelope to: “BET Hot 16 Challenge Contest” to BET Interactive, LLC, 1540 Broadway 27th Floor, New York, NY 10036. Washington and Vermont residents may omit return postage when requesting list of prize winners.

9. SPONSOR: BET Interactive, LLC, 1540 Broadway 27th Floor, New York, NY 10036 and So So Def Recordings, Inc., 1350 Spring ST Atlanta, GA 30309 (collectively, “Sponsor”)