THE EPIC CHALLENGE CONTEST RULES

ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES

The EPIC RE-MIX CHALLENGE also known in this document as “contest”

1. ELIGIBILITY

a) To be eligible for this Contest, individual entrants must:

i) Be a Canadian Citizen or legal resident in Canada – OR -  willingly adhere by all Canadian laws where applicable regarding contests whether in practice or in principle,  and

ii) Be eighteen (18) years of age or older as of July 12th, 2009 – OR - must have consent of a parent in writing before being awarded the grand prize on or after July 13, 2009.  The winner will be given a minimum of 24 hours to comply with contest rules in writing before being awarded the prize.

b) Individuals agree to give OP3 Music the exclusive worldwide rights to use the music submitted for any and all promotional purposes, and give OP3 Music permission to use their name and likeness for any and all promotional purposes in conjunction with the promotion of this contest and the promotion of Nicole’s single EPIC and forthcoming album. Individuals agree that there are no situations and/or contracts which may impede or affect their ability to give OP3 Music all rights stated within the Contest Rules.  The Winner may be required to sign a contract giving OP3 Music the right to exploit the Remix for sale worldwide. If a contract is required, the Winner will receive an industry standard royalty on all final sales of their Re-Mix.

c) Employees, representatives, agents, immediate family members of employees, representatives, agents and persons living with employees, representatives, agents or immediate family members of employees, representatives or agents of OP3 Music, MTV Canada and Korg Canada and their respective parents, affiliates, subsidiaries, advertising or promotional agencies, any sponsor and any entity involved in the production, implementation, administration or fulfillment of the Contest, or Judges of the Contest (and persons domiciled with Judges) ("Administrators"); or a member of the immediate family or household of any of the above are not eligible to participate in the Contest.

d) In these Rules, "immediate family" means husband or wife, spouse, mother, father, brothers, sisters, sons and daughters.

e) This Contest is void where prohibited by law.

f) OP3 Music reserves the right at any time to require proof of identity and/or eligibility to participate in the Contest.

2. HOW TO ENTER

a) Log in or sign up to Nicole’s Web Site. Download the Epic Accapella and the Epic Musical Element Tool Box, make a rockin’ remix of Nicole’s Single EPIC and submit it to remix@nicoleholness.com. Any style of music is encouraged and accepted.

SUBMITTED AUDIO FORMAT MUST BE MP3, 256kps, CONSTANT BIT RATE, STEREO and no more than 10 megabytes for each submission, or it WILL BE REJECTED.  ZIPPED SUBMISSIONS WILL NOT BE OPENED.

b) By entering your remix, you have granted OP3 Music the right to play or post your submission on online or on-air, or on any other audio visual medium known or unknown at the time of the contest.

c) Contest opens May 14, 2009 at 6pm and closes July 12, 2009 at 11:59pm.

d) The Judging Criteria may include, but is not limited to: Audience reaction, originality, commercial appeal, and fit for Nicole’s image.  

e) Use of any profane and/or foul language, swearing, or any language alluding to race, overt violence and/or indecency may result in automatic disqualifications.  The Re-Mix is intended for club and Internet play and should follow basic principles of accepted practice used by DJ’s performing in a live setting.

f) Limit of three (3) Entries per individual or performer. If you submit an Entry as a solo artist, you may also submit an Entry as part of a group but may not exceed a total of Three (3) entries. Exceeding a combined total of three (3) Entries by the same person as a solo artist or part of a group shall result in disqualification. Late Entries will be disqualified. No Entries will be accepted by any other means.

g) Individuals must say how they would like to be credited for their work upon entering the contest

h) The Epic Accapella and Epic Music Tool Kit made available by OP3 Music for download is to be used explicitly and exclusively for the purposes of  the EPIC REMIX CHALLENGE.  OP3 Music retains the exclusive copyright to this recorded material. The use of the Epic Accapella and Music Tool Kit for anything other than the EPIC REMIX CHALLENGE is strictly prohibited.  Any attempt by an Entrant or any other individual to sell or profit from the use of the Epic Accapella and/or Music Tool Kit is a violation of criminal and civil laws. Should any attempt be made, OP3 MUSIC reserves the right to seek damages from any such persons to the fullest extent permitted by law. Remixes created by Entrants must only be used for the purposes of this contest unless given written permission by OP3 Music.

3. SELECTION OF WINNER

a) If the winning participant chooses not to claim a Prize as awarded and/or reasonably cooperate with contest producers they may forfeit the Prize.

b) Winning Performer may be offered a recording and/or publishing contract(s) from OP3 Music to make the Re-Mix available for sale worldwide. If the Performer decides not to sign this contract(s), they may forfeit the Prize.

c) The Prize must be accepted as awarded and cannot be transferred, substituted or redeemed for cash.

d) Sponsors reserve the right, in their sole discretion; to substitute any and all of the Prizes for prizes of equal or greater value should all or part of a prize become unavailable for any reason.

4. INDEMNIFICATION BY PARTICIPANTS

a) By entering the Contest, Entrant:

i) releases and holds harmless Sponsors and Administrators and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, sponsors and agents from any and all liability for any injuries, loss or damage of any kind to persons, including death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, participation in this Contest, or participating in any prize-related activity; and

ii) agrees to fully indemnify Sponsors and Administrators and their respective directors, officers, employees, parent companies, subsidiaries, affiliates, suppliers, sponsors and agents from any and all claims by any party without limitation.

5. CONDUCT

a) By entering this Contest, Entrants agree to be bound by these Contest Rules, which will be posted on www.nicoleholness.com during the Contest.

b) Entrants further agree to be bound by the decisions of the judges, which shall be final and binding in all respects.

c) Sponsors and/or OP3 Music reserve the right, in their sole discretion, to disqualify any Entrant it finds to be:  

i)    tampering or attempting to tamper with the entry process or the operation of the website;

ii)   violating the Contest Rules;

iii) violating the terms of service, conditions or use and/or general rules or guidelines of any Sponsors and/or OP3 Music’s  property or service, or

iv)  acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten  or harass any other person.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, OP3 MUSIC RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

6. LIMITATION OF LIABILITY

a) Sponsors and Administrators assume no responsibility or liability for lost, late, misdirected or incomplete Entries, notifications, responses, replies, or any agreement and release documents or for any computer, online, telephone, hardware, software or technical malfunctions that may occur (including but not limited to malfunctions that may affect the transmission or non-transmission of notification of Finalists or Winners).

b) Sponsors and Administrators are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of Entries in the Contest.

c) Sponsors and Administrators assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries.

d) Sponsors and Administrators are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing.

e) Sponsors and Administrators are not responsible for any injury or damage to Entrants or to any computer related to or resulting from participating or downloading materials in this Contest.

f) If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsors and Administrators which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, OP3 Music, and the Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Contest.

7. ONLINE ACCOUNT HOLDER INFORMATION

a) “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Selected Entrants may be requested to provide Sponsors with proof that they are the authorized account holder of an e-mail address associated with their Entry.

8. PRIVACY

a) By entering the contest, Entrant agrees to:

i) OP3 Music’s use of Entrant's personal information for the purposes of administering this Contest  and, unless otherwise specified, for market and consumer research purposes;

ii) disclosure of the entrant's personal information on the Entry form to third parties within OP3 Music’s network; and

iii) OP3 Music’s use of entrant's personal information to the extent that OP3 Music collect, use and  disclose to third parties your personal information, they will do so only for the purpose of  administering the Contest and awarding prizes;  and

iv) allow OP3 Music to communicate with you regarding any other OP3 Music sponsored  contest/event which in the opinion of OP3 Music would be of interest to you.

9. LAWS

a) These are the official Contest Rules. This Contest is subject to all federal, provincial and municipal laws and regulations. These Contest Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors.

10. TERMINATION.

a) OP3 Music reserves the right to amend or terminate all or any portion of this Contest at any time for any reason without prior notice.

THIS DOCUMENT, DATED May 14, 2009 CAUSES ALL PREVIOUS VERSIONS OF THIS DOCUMENT TO BE NULL AND VOID.