THE SERIES
Digicel Rising Stars is being recorded over a period from April 2008 to September 2008 and it is intended that the winner of the series will win the prizes set out in these Rules and Regulations.

ELIGIBILITY AND QUALIFICATION

  1. Each individual performer who auditions for the Series must be not less than 16 years of age, on or before the 1st April 2008. The participant must be a citizen of Jamaica or must have a visa entitling the participant to enter and work in Jamaica. All participants must bring a valid form of photographic identification showing compliance with the eligibility criteria just referred to. Any participant who refuses at any time to show photographic identification when requested and given reasonable time to do so may be removed from the Series.

  2. Any person who has not achieved eighteen years of age must be accompanied to the audition by their parent or legal guardian who must consent to the participant taking part in the Series. It is a matter for the parent or legal guardian to satisfy him or herself that the participation by their child or ward in the Series will not adversely affect any educational or training process currently being undertaken by the participant.

  3. The following persons may be disqualified from taking part in the Series:-
    1. Any person already professionally involved on a full time or regular basis in the music or entertainment business, including but not limited to any person who is already involved in a talent management or agency arrangement, or in a contract for other performing or entertainment services other than on a once-off basis.

    2. Any persons who are involved in the production of the Series and their immediate family members, including employees, shareholders, directors and agents or representatives of production personnel for the Series, employees of TVJ and their immediate family members, employees of Digicel and their immediate family members, employees of Newcommunications and their immediate family members and employees or immediate family members of any advertising agencies or corporate sponsors involved in the production of the Series, or immediate family members of any of the judging or administration personnel involved in the Series. Immediate family members shall include all children including step-children, all the parents and grandparents including step-parents and step-grandparents and any legal guardians or their wards.

    3. Any person who has within the previous ten years been the subject matter of a criminal conviction (other than in respect of a road traffic offence where that offence did not involve culpability for the death of a person) or any person given the Probation Act in respect of any such criminal offences.

    4. Any person who is party to an exclusive and/or long term recording agreement, music publishing/songwriting agreement, exclusive performing or merchandising services agreement in the entertainment industries which in the opinion of the Production Company would impede the participant from participating fully in the series in the manner envisaged in these Rules and Regulations.

    5. Any person who in the opinion of the Production Company would not be capable of or in a position to fulfill the obligations expected to be undertaken by the participant including but not limited to their participation in the professional music industry and in particular their participation in talent management recording and merchandising contractual arrangements in a professional manner.

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    1. Any person whom in the opinion of the Production Company arising from their conduct either before or during the Series cannot be relied upon to participate in a responsible manner in the Series.

    2. Any person who in the opinion of the Production Company and given the high profile within the entertainment business likely to be achieved by the participant, and the fact that the participant will be seen as a role model by young people, is likely to bring either the participant or the Series into disrepute. Included in the matters which the Production Company may give consideration to are the use of illegal drugs, excessive consumption of alcohol, persistently rowdy or irresponsible behavior or taking part in any form of inappropriate audio-visual recording or publicity whether prior to or during the Series

    3. If the participant suffers any illness, injury or damage which in the opinion of the Production Company would prevent the participant from fully taking part in the Series, including illnesses or injuries giving rise to vocal difficulty or any other difficulties.

    4. If a participant is or becomes pregnant, and in the opinion of the Production Company cannot meet the need to ensure the welfare of both the mother and the child, on the one hand and the availability of the participant up to the end of the Series and if applicable thereafter on the other hand.

The Production Company’s decision in respect of the qualification criteria set out above shall be final and conclusive and the Production Company may exercise the right to remove any participant in the Series at any time during the Series if in the opinion of the Production Company the qualification criteria or any of them is not complied with.

PAPERWORK

Each participant will be required to fill out, sign and agree to all the terms and conditions in the form presented by the Production Company. The forms will be available at the audition locations. As the participant advances through the Series, the participant will be expected to enter into further contracts, including without limitation, agreements in respect of talent management, recording services, touring commitments and merchandising services of the participant. If the participant is less than eighteen years of age, both the participant and the parent or legal guardian, will be expected to sign these agreements and the parent or legal guardian will be expected to satisfy themselves that the signing of such agreements is in the best interests of the participant and will not adversely affect any educational or training activities which the participant is currently involved in. Parents or legal guardians are urged to contact the Production Company if they have any doubt or want any matters clarified in respect of the obligations expected to be undertaken by the participant.

THE INITIAL AUDITIONS

Auditions will be held in Ocho Rios, Mandeville, Port Antonio, Montego Bay and Kingston on such dates and times and at such places as the Production Company shall identify. The dates and times for auditions and their location are subject to change by the Production Company.

Each set of auditions will be held at the relevant location for one day and all participants who show up for audition on these days within the registration period specified in the notices of the audition, will be asked to audition in front of Panel A. If candidates are successful in their audition for Panel A they will then be asked to audition again on the next day for Panel B. Participants can either perform individually or in groups of up to six in number. If numbers seeking to audition are excessive, the Production Company reserves the right to limit the number of participants at any particular location.


THE DELIBERATIONS
The adjudication panel on the next day will select up to ten participants or group of participants from each location to go forward to a public vote. The decision of the Adjudication panel is final.

DAY TWO

The final ten Participants from each of Ocho Rios, Mandeville, Port Antonio, Montego Bay and Kingston will have their performances recorded on Day Two. These performances will be produced and edited by the Production Company (whose decision in all these matters will be final) and will be the performances shown in the relevant episode of the series. The phone and text lines allowing the public to vote will be opened during the relevant episode and the result of the vote will be announced on the following Friday nights Results Show on TVJ. The decision of the Production Company and TVJ as to the vote shall be final and conclusive and the participants agree to abide by the decisions of the Production Company in these matters.

At the end of the auditions, the final ten Participants/Bands selected from each location by the judges for going forward to the public vote, may be required to submit to an interview to check whether the Participant or any one of the participants or bands selected fulfils the qualification criteria outlined above. The Production Company reserves the right to remove any participant from amongst the ten audition finalists selected and replace them in the event that they are of the opinion that the participant or band does not fulfill the qualification criteria outlined above.

Subject to the above, the three participants or Bands that receive the most votes from the general public, will progress to the next stage in the Series which comprises live studio shows commencing in July 2008. In relation to the voting arrangements and the outcome of the votes the Production Company’s decision shall be final and conclusive and all the participants and Bands agree to accept the decisions of the Production Company in this regard final and conclusive.

WILD CARDS

After all the location based auditions have been completed and transmitted, and the results of the public vote completed and the winning participants/groups of participants comprising acts from each location has been chosen by the public, three additional participants or bands (“the Wild Cards”) each personally selected by one of the three Judges will go forward with the fifteen participants or bands chosen by the public vote to the next stage in the competition, this is the live studio shows beginning in July 2008.

PRODUCER’S PICK
Similar to a judge’s “wild card” the “Producer’s pick” will be selected by the show’s producer after all the location based auditions have been completed and transmitted, and the results of the public vote completed and the winning participants/groups of participants comprising acts from each location has been chosen by the public. The producer’s pick is a single individual/group that will go forward with the eighteen participants or bands chosen by the public vote and the judge’s wild cards to go to the live studio shows beginning in July 2008.

THE LIVE STUDIO SHOW

The final Nineteen participants or Bands must make themselves available in Kingston from July 2008 until such time as the last show is broadcast in the 2008 series, unless earlier eliminated from the Series by the public vote or arising out of non-compliance with the eligibility criteria referred to above.

Each of the last nineteen participants or acts will compete against each other, before the viewing public in the studio final shows. During these studio final shows the phone lines will be opened and the public will be able to vote in a manner to be decided upon by the Production Company for their favourite participant or acts. The phone lines will be open for a period after the completion of the studio final show and the results will be announced on the following Friday nights Results Shows on TVJ.

The person or persons who have received the least amount of votes from the public or those persons / groups which received the least number of votes from the public or any number thereof may be eliminated from the series and the number and manner in which the aforementioned individuals or groups are eliminated from the series will be entirely at the discretion of the production company and the production company’s decision as to which of the aforementioned/groups shall be eliminated from the competition will be final.

These persons will then be eliminated from the competition and so on through a further series of live studio final shows until all but one of the participants or acts has been eliminated. The Production Company may decide that more than one participant or act may be eliminated during any one studio final show at their discretion. All arrangements for the participation in the final studio shows and the voting arrangements for same, will be decided by the Production Company in their absolute discretion and in the event that there is any tie of votes, or any dispute or doubt about the voting arrangements, or the participant or acts to be eliminated, the Production Company’s decision shall be final and conclusive. There shall be no appeal.


CONDUCT DURING THE RECORDING OF AUDITIONS OR LIVE STUDIO SHOWS
All Participants and Bands taking part in the auditions or in the final live studio shows shall conduct themselves in accordance with the directions of the Production Company or the persons appointed by the Production Company including the director of the Series. If in the opinion of the Production Company, a Participant or Band are conducting themselves in any way which adversely affects the recording of the Series, or is unwilling or unable to carry out the instructions of the Production Company or the director of the Series, the Production Company shall be entitled to remove that Participant or Bands from the audition shows or the live studio shows and the Participant or Band so removed, shall if the Production Company so decides, be eliminated from any further consideration as part of the competition comprising the Series. Due to the exigencies of production of the Series and the tight schedule for the recording of the Series, the Production Company shall be entitled to remove a Participant or Band from the Series without prior warning, if in the opinion of the Production Company, the participant or act may adversely affect or interfere with the ongoing production of the Series. The decision of the Production Company in this regard shall be final and binding and there shall be no appeal.

The Production Company shall be entitled to require any Participant or Band taking part in the Series to refrain from wearing any items of clothing which involve trademarks, logos or the name, image or likeness of a person living or dead and will also be entitled to require persons to leave at the door any possessions including any weapons, liquid substances, illegal drugs or any other materials which in the opinion of the Production Company should not be carried or be in the possession of persons participating in the Series.

Any Participant or Band who in the opinion of the Production Company attempts to tamper with or influence any part of the process comprising the Series, whether involving any approach to any judges participating in the Series, or in any way interfering or manipulating any of the voting procedures being undertaken in connection with the Series, may be removed from the Series by the Production Company. The Production Company’s decision shall be final and conclusive.

PRIZES

The prizes available for the winning Participants or Bands in the Series are as follows:
1st 2 Singles Produced & Distributed by Greensleeves, A music video, J$1,000,000 & $100,000 call credit from Digicel.

2nd 1 Single Produced & Distributed by Greensleeves, J$600,000 and $75,000 credit from Digicel

3rd 1 Single Produced & Distributed by Greensleeves, J$400,000 and $50,000 credit from Digicel

The fifteen finalists from the auditions, the three (3) Wild Cards and Producer’s pick will all be provided with details of the contractual arrangements in relation to the Prizes. The contractual arrangements will be between the participants/Bands and New Reality (TV) Limited. The Production Company recommends that the participants/Bands arrange for their lawyer to explain to the participants/Bands the contractual arrangements which they are being asked to enter into. If having considered the contractual arrangements any Participant/Band decides that they are not willing to enter into those contractual arrangements or declines to do so when asked, the Production Company reserves the right to withdraw the participant/Band from the Series and replace them with participants/Bands or other persons which the Production Company may choose in its absolute discretion.



GENERAL CONDITIONS

By participating in the auditions and the ongoing Series, participants agree to be bound by these rules and the decisions of the Production Company, and any arrangements made by the Production Company including the appointment of panels of judges and the voting of the audience and the participants fully accept that by taking part, any decision by the Production Company in respect of any of these arrangements will be final and conclusive.


The Production Company shall be entitled to use all or any material recorded as part of the Series, including any and all material recorded of the participant in all media now known or hereafter to be invented worldwide and in perpetuity, and in particular without limitation of the foregoing for the publicity and promotion of the Series and to use the name and likeness of the participants and any of their friends, families, supporters or other persons accompanying them as part of the publicity and promotion of the Series and otherwise without remuneration. The Participants and all those who participate in the Series with them also agree to waive irrevocably, unconditionally and in perpetuity any moral rights vested in them and acknowledge that the opportunity to participate in the Series is full consideration including equitable remuneration for rental and lending rights, any rights of communication to the public by cable and satellite for all services and participation’s of the participants and any and all of them and the participants and each of them accept that no monies, residual fees or repeats fees are due to them in respect of any and all forms of uses and exploitation of the Series or any part of the Series in all media now known or to be invented worldwide in perpetuity.

The Production Company cannot be responsible in any way if a participant encounters any difficulty in attending the auditions, or the final live studio shows, as a result of any difficulties of transportation, inadequate or mistaken directions given by the Production Company, or any arrangements made by the Production Company with the Participants or any of them. The Production Company cannot also be liable for any illnesses, injuries or other damage suffered by any of the participants, while taking part in the Series.

Each of the Participants waives any claim the participant may have for loss of an opportunity to enhance their reputation, arising from any of the eventualities referred to above or any other difficulties they may have in taking part in the Series or if for any reason the Production Company decides that the participant does not comply with the qualification criteria of any of them or otherwise should not continue to participate in the Series.

The Production Company, TVJ, their subcontractors and agents do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem in any telephone network or line, system, server, provider, or otherwise which may result in any votes being lost or not properly registered or recorded and each of the participants hereby waives any claim whatsoever the participant's may have for any loss arising from any such problems, it being acknowledged that the decision of the Production Company and TVJ in respect of all voting and counting will be final.