OFFICIAL COMPETITION RULES

Eligibility. No purchase is necessary. Each talent competition (each a “Round”) is open only to individuals that create an account with us who are at least 13 years of age. Registration by anyone under this age is void, and the competition is void where prohibited by law. Employees, directors and officers of the site owner, Lazar Entertainment Inc. (“Site Owner” or “we”) and their immediate family members, are ineligible.

How To Enter. In order to enter a competition Round, you must conform to the eligibility requirements stated above and first create a free account with us on our Web-Site or via Facebook™ or Twitter™. If you are under 18 years old you must have the permission of your parent or guardian in order to create an account. If more than one person will be participating in your performance, only one registered account is required and if more than one performer is an account holder (a “Member”) the particular performance must be registered to only one Member. Once you have established your account and logged in, you will be allowed to take part in the show, and the director can choose to place you in the queue. You may enter each Round as many times as you wish. Your performance may be referred to as your “Performance” below.

By establishing an account you agree to these Rules, the Yanked! Community Guidelines and the Terms And Conditions specified on this Web-Site.

You Are Responsible For The Content Of Your Performance. As a condition of entry into a Round, you warrant and represent that you own or have permission to use all elements of your Performance, including anything audible (eg. songs/music) or visible to the viewer, including any other person on-camera, such that your performance will not infringe any “Third Party Rights” nor will it contain any “Inappropriate Material” as such terms are defined in our Community Guidelines. There may be an automatic delay of a few seconds between your Performance and the streamed signal of your Performance: this delay gives us the opportunity, but not the obligation, to monitor your Performance and terminate it if necessary (in our sole discretion), but whether or not we monitor your Performance does not mitigate your sole responsibility for the content of your Performance.

Competition Rounds. Each competition Round will be for a stipulated duration, for example one hour. The end time of the current Round may not be shown on the web-site (the “Web-Site”), and may vary along with other parameters.

Your Performance. Your Performance may be limited by time: in cases where there is a time limit your performance will terminate automatically at the end of the designated maximum time (the “Performance Time Limit”). We reserve the right to change the Performance Time Limit for any new Round, but the Performance Time Limit will remain the same for all performances during each particular Round.

How The Competition Works.

1. General. The competition is available only to Members. Once you log in, if you wish to perform you click the Take Part in the Show Button. When completed, you can simply watch the show, or be invited to perform again. Your performance monitor will indicate when it’s your turn to perform. You then perform live in front of your web-cam. The performance that wins the Round, wins the PRIZE. Prizing, winners and rules may vary from round to round, and shall be solely determined by the “Site Owner.”
2. Score. Your “Score” is made up of the ratings provided by Yanked! judges combined with the feedback of the user judges.
3. Yanks! Logged in Members have the opportunity to respond to your Performance by clicking the “Yank” button.
4. Duration Of Your Performance. Your Performance will continue until you’ve been Yanked! or until the Performance Time Limit has been reached, whichever occurs first. For the purposes of determining whether you are Yanked!, your performance is assessed in equal time blocks (each a “Block”): if you get through the first Block without a pre-determined proportion of Members Yanks!, the second Block begins, and the process repeats. If, however, a sufficient proportion of Yanks! have occurred during any Block, your performance will be Yanked! at that moment. The “Yanked Meter” on the Main Page indicates in real time the status of Yanks! received during each Block and if it fills completely, you’ve been Yanked!. We reserve the right to modify the proportion of Yanks required to result in a performance being Yanked! but in all cases that proportion will remain consistent throughout a Round.

The PRIZE And PRIZE Winner(s). The PRIZE may comprise of cash and/or other prizes. The PRIZE winner is the performance with the greatest Score, determined by the following formula:

• Ratings determined by the Yanked! judges.
• PLUS bonus points earned by reaching maximum time, without being Yanked!
• The top two performances or ‘finalists’ are then subject to a voting period where the viewers determine the eventual winner. The length of the voting period may vary from Round to Round but will be consistent in each individual Round.

If there is a tie in greatest Score during the Round, all winning performances share the PRIZE equally.

The PRIZE Winner (or if there is a tie the PRIZE Winners) of each Round will be notified by email within seventy two (72) hours of the end of each Round, and each PRIZE Winner must respond within ten (10) days of attempted notification, failing which their share of the PRIZE will be forfeit (and not re-allocated).

If a winning performance included more than one individual the PRIZE will be paid to the Member who established the account with us as agent on behalf of all performance participants, and neither we nor our sponsors or partners have any liability in respect of the distribution of the PRIZE amongst the participants.

Cash prizes will be forwarded to the PRIZE Winner(s) by PayPal or by other means, and non-cash prizes will be forwarded by post or courier at Site Owner’s expense.

PRIZE winners are solely responsible for any taxes which may be due as a result of winning the PRIZE.

Archive Of Your Performance. The Site Owner may (but is not obligated to) retain and archive a recording of each of your Performances (the “Recording”). Any Member may access and watch your Performance from our archives, or on third party sites, at any time an unlimited number of times, for so long as we, in our absolute discretion, agree to maintain such archive.

License Of Your Performance. You hereby grant to the Site Owner the non-exclusive, royalty and cost free, sub-licensable, worldwide license, to use, modify, translate, publicly perform, and distribute such Recording of your performance without the requirement to obtain the consent of, or make any payment, to you or any third party. This license includes the right to host, index, cache, distribute, and tag any Recording of any of your performances. You waive any so-called “moral rights” in your performance and the Recording in favour of the Site Owner and its licensees and assignees.

Indemnification. You agree to never sue or assert any claim against the Site Owner’s use (including the use by Site Owner’s licensees) of the Recording. You agree to indemnify and hold the Site Owner and our sponsors and partners, and their respective affiliates, officers, directors, agents, and any of their employees (collectively, the "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 Indemnitees due to or arising out of the streaming of your Performance and/or the use of the Recording of your Performance, including but not limited to any claims for infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.

Technical Failures. If for any reason the competition is not capable of running as planned for any reason whatsoever, including but not limited to infection by computer virus, worms, bugs, hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web-Site in whole or in part for any reason; traffic congestion on the Internet or the Web-Site (“Technical Failures”), the Site Owner reserves the right at its sole discretion to cancel, modify or terminate the competition Round at any time.

Unauthorized Interventions. In the event that the Site Owner discovers any unauthorized tampering, hacking, fraud, or any other unauthorized intervention which corrupts or affects the administration, security, fairness, integrity or proper conduct of a competition Round (“Unauthorized Interventions”) the Site Owner reserves the right, at its sole discretion, to disqualify and/or permanently ban each individual who is responsible, and to cancel, modify or terminate the competition Round or any part of the Round.

Limitations On Liability. The Site Owner is not responsible and is not at all liable in connection with: (i) any user's participation in or attempt to participate in the competition or ability or inability to have your Performances stream via the Web-Site; any temporary or permanent failure of the Web-Site or failure to hold or continue any competition Round as a result of a Technical Failure, Unauthorized Intervention or otherwise; (iii) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web-Site; or (iv) any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the competition, use of the Web-Site or the download of any information from the Web-Site, and you release the Site Owner and the Indemnitees from all claims, damages or liabilities arising from or relating to your participation or attempted participation in the competition.

Contact Us. If you have any questions regarding these Official Rules or the competition, you may contact the Site Owner at info@yanked.com.

Governing Law. The competition is governed by the laws of the Province of Ontario, Canada and the laws of Canada, and all claims must be resolved in the courts located in the Province of Ontario.