Official Rules

ELIGIBILITY RULES:

In order to merit consideration for the avex world audition ("Audition" or "Auditions"), applicants ("Applicant" or "Applicants") must meet the following requirements. The Applicants selected to audition ("Selected Applicants") will be notified directly by avex group ("avex") or its representatives. Each Applicant must:

  1. Provide the required Personal Information to us through the website;
  2. Be 13 years of age or older and, where applicable, accompanied by a parent;
  3. If under the age of majority in their jurisdiction of residence, have a parent or legal guardian complete and execute a Parental Consent Form to submit Personal information;
  4. Be a legal resident of, and reside in, one of the 50 United States or the District of Columbia;
  5. Be able to legally work full-time and travel throughout the world;
  6. Be free of a criminal record and pending criminal charges that may interfere with that member's ability to travel freely around the world or otherwise restrict the Applicant's ability to work in the entertainment industry;
  7. Not be an employee, officer or director of avex group, its respective parents, subsidiaries and affiliated companies, (collectively, "avex"), the judges or any person or entity connected with the talent audition process, advertising and promotion agencies, Web masters and Web suppliers and their respective immediate family members (parents, spouse, children or siblings, wherever they reside) and persons living in the same household (whether or not related) of such employees, officers or directors;
  8. Not be under contract to any music or entertainment production or related company, promoter, producer, or agent in respect of his or her musical or performing abilities or the products thereof or in respect of his or her name, likeness, image or biography which might be in breach of any of the Release forms or otherwise prevent Applicants, if selected, from participating in the Auditions or the broadcast, promotion, exploitation or sponsorship thereof;
  9. If under the age of majority in their jurisdiction of residence, be eligible to obtain a permit to work in the entertainment industry, and obtain the signature of a parent/legal guardian on each form as required by avex; and
  10. Agree to be bound by these Rules and the decisions of avex which are final and binding in all respects. If the Applicant is a under the age of majority in his/her jurisdiction of residence, his/her parent or legal guardian must agree, on behalf of the minor, to be bound by these Rules and the decisions of avex and/or the judges which are final and binding in all respects.

In order to audition, each Selected Applicant must bring:

  1. His/her own selected music (in CD format) to perform to;
  2. A completed and signed Audition Application (and if Applicant is under the age of majority in their jurisdiction of residence, their application must contain the signature of his/her parent or legal guardian) [Note: Audition Applications will be made available to Selected Applicants];
  3. Valid identification;
  4. Audition-appropriate clothing [Note: As there may not be changing facilities at the Audition venue, it is suggested you wear the clothing to the Audition and have your hair and make-up completed prior to arriving on site].

Selected Applicants may be refused an opportunity to audition if not in compliance with the above requirements.

The Auditions are void where prohibited.

PARTICIPATION RULES:

Beginning August 26, 2008 Eastern Standard Time at 12:01 am ("EST") and until such date as avex shall so publicly advise on its website, an Applicant may access the avexStarSearch.com web site ("Web site") and the application page(s).

  1. By participating, each Applicant (and his/her parent or legal guardian if that Applicant is a minor) warrants and represents that all of the Personal Information and other materials provided to us are full, truthful, accurate and in no way misleading and complies with (and does not violate) any law, rule or regulation. avex reserves the right to disqualify Applicant from the auditioning process in its sole discretion, should Applicant at any stage supply untruthful, inaccurate or misleading personal details and/or information, or should Applicant be ineligible for the Audition process pursuant to the Official Rules;
  2. Each Applicant (and his/her parent or legal guardian if that Applicant is under the age of majority in their jurisdiction of residence) grants permission for the use of the name of Applicant and its likeness and voice shot or recorded in the Auditions (if any), in all media and manner of exploitation including broadcast, advertising, promotion, and publicity of the Auditions throughout the world and in perpetuity, or as otherwise as stated in these Rules, as solely determined by avex and agree to waive any and all copyright interest, of any nature or kind, they may have in their comments, audition(s), performances and appearances including, without limitation, any moral rights in the foregoing.
  3. It is a condition of entry and participation in avex world audition that Applicants, if selected, make themselves available to participate in the Auditions, and agree to and sign all applicable agreements and forms, and abide by terms and conditions of such agreements and forms and the rules, regulations, terms and conditions as devised from time to time by avex including, but not limited to, any program rules;
  4. Selected Applicants must at all times behave appropriately when taking part in the Auditions and observe any rules or regulations determined by avex in force at the Audition locations. avex reserves the right in its absolute discretion to remove from consideration any Selected Applicant who breaks such rules and/or fails to behave appropriately, and to disqualify such Applicant;
  5. At the sole discretion of avex, Selected Applicants may be required to keep any and all information regarding the Auditions completely confidential and may be prohibited from conducting any interviews or providing any comment or information to the public and the media without the consent of avex including, without limitation, information regarding the outcome of the Auditions and any and all comments of the judges or avex; and
  6. avex will have no liability to Selected Applicants who are unable to attend or take part in any part of the audition for whatever reason, as determined by avex in its sole discretion.

SELECTION OF APPLICANTS:

Based on the Personal Information submitted by Applicants, avex may select the most appropriate candidates for Audition opportunities in person at site(s) to be determined in the sole discretion of avex.

Based on the Audition results, as determined solely by avex, Selected Applicants may be offered a talent agreement with avex group. All decisions made by avex are final and binding.

GENERAL RULES:

avex reserves the right to change the structure of avex world audition as it sees fit including, without limitation, requesting additional performances from Selected Applicants or changing the anticipated Audition schedule.

avex reserves the right to amend any rules or terminate the Audition process at any time without any liability to Applicant or Selected Applicant. avex further reserves the right to replace at its discretion any Selected Applicant who for any reason fails or is disqualified from or unable to participate in any aspect of the Auditions, as determined by avex in its sole discretion, with another replacement Selected Applicant, notwithstanding that such replacement may have been previously eliminated for consideration.

Applicants (and if applicant is under the age of majority in their jurisdiction of residence, their parent or legal guardian) release, discharge and agree to hold harmless avex, and its respective parent, subsidiary and related companies, advertising and promotion agencies, and all of their respective employees, officers and directors, representatives and agents, and judges (collectively "Releasees"), from and against any and all claims, losses or damages of any kind (whether due to negligence or otherwise), including personal injury, death, and/or property damage, and/or breach or failure of any representation or warranty, and/or contract rights, and/or infringement of intellectual property rights such as, but not limited to, copyright, trademark/trade name, and/or rights of publicity or privacy, defamation, slander, or libel, or portrayal in a false light, arising, in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any participation in the Auditions, or participation in any Audition-related activity or travel-related activity. This release, discharge and agreement to hold harmless the Releasees also covers the failure of any computer system, phone line, hardware, software, or program malfunctions or other errors, failures, or delayed computer transmissions or network connections that are human or technical in nature. Further, Releasees are not responsible for incorrect or inaccurate entry of information, whether caused by Internet users, or by any of the equipment or programming, or by any technical or human error that may occur in the processing of the entries. In addition, the Releasees shall not be responsible for failed, incomplete, garbled, misdirected, or misrouted electronic communications, whether caused by the sender or by any of the equipment associated with or utilized in relation to the Audition.

Applicants acknowledge that avex, its affiliates, licensees, successors and assigns, the judges, the advertising agencies and any person or entity connected with the production, administration or judging of the Auditions and any of their respective parent companies, affiliates, subsidiaries, agents or representatives, are not responsible for and are in no way liable for any injuries, loss or damages caused: a) by the administration (including scheduling) of the Audition including any failure of transportation or inability for any reason to appear before the judging panels; b) by the Applicants' or any third party's participation in the auditioning process, or being selected or disqualified; c) as a result of the decisions of the judges or avex; or d) by any printing, typographical or technological error in any materials associated with the Auditions. In the event of any dispute concerning the operation of any element of the Audition or these rules, the decision of avex will be final. Any dispute or claim arising out of the Audition, or any disputes with site users which arise as a result of the use of this website, shall be governed by the laws of the State of New York, without respect to conflicts of laws principles, and subject to an arbitration process. These rules are additional to and do not supersede any and all agreements or application forms signed by Applicants and, should here be a conflict between or among any provisions of this agreement's and other agreements' and/or applications, the most strict of such conflicting provisions shall apply. All of Applicants' promises, agreements, statements, acknowledgments, understandings, and releases shall inure to the benefit of the legal representatives, agents, licensees and assigns of avex.

Each Applicant understands and agrees that all his/her rights under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. Each Applicant acknowledges and understands that Section 1542 reads as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Each Applicant acknowledges that he/she may hereafter discover claims in addition to the ones released herein, and hereby releases Releasees for and from any such unknown or unsuspected claims.

SPONSOR:

avex group, 3-1-30, Minami-Aoyama, Minato-ku, Tokyo 107-8577 - TEL 03-5413-8550 (reception desk)

AVEX RESERVES THE RIGHT TO SUPPLEMENT, MODIFY OR DELETE ANY REQUIREMENT, AND TO ADD REQUIREMENTS NOT LISTED. THESE CHANGES MAY BE MADE AT ANY TIME, IN AVEX'S SOLE DISCRETION. AVEX ALSO RESERVES THE RIGHT TO MODIFY THE MANNER IN WHICH CONDUCTS THE PROCESS, OR TO NOT HOLD THE AUDITIONS AT ALL.