Artist Contact Information
MakeaStar.com Song Submission Form
Artist Name:
Song Title: Does song contain Adult Language? Yes No
Genre: Sub Genre:
We strongly recommended that you include the following as separate attachments (must be typed):
a) Lyrics - (If the lyrics are not in English, give the reviewer an idea of what the lyrics are about)
b) Artist Bio - Tell us about yourself or your accomplishments as an artist
c) About the Song - What inspired you to write this song?
d) Instructions to the Reviewer - You can instruct the reviewer to focus on specific aspects of your music
e) Artist/Band Photo - (minimum size of 2" by 2")
Payment: Please include a check or money order the amount of U.S. $55 per song ($35 for the review and $20 formatting and upload). Make checks payable to MakeaStar.com. Song submissions will generally be uploaded into the MakeaStar.com system within one week after receipt of the material. Once uploaded, you will be notified via email or telephone.
NOTE: You must be a registered member of MakeaStar.com in order for your song to be uploaded. Please register FREE of charge at www.MakeaStar.com.
Please print, read, sign and enclose the following Submission Policy with your song submission.
Updated May 4, 2003.
Welcome to MakeaStar.com.
Every time you upload or mail a song to MakeaStar.com you have to agree to the legal terms displayed below. The contract may look very long and boring, but please read it carefully. The main reason for this submission policy is to confirm that you own the music you're uploading, that the music obeys all content laws (for example it's not pornographic), that the file contains no viruses, and that you are not a minor. It specifies that your submission fee is non-refundable and that you cannot ask for your money back if your music did not get forwarded to the contest or got a bad review. The agreement also grants MakeaStar.com full permission to use this music on a non-exclusive basis related to the site only in any way we see fit (as part of a site advertising campaign or marketing promotion, for example). Rest assured, however, that we are not going to sell your music (unless, of course, you sign a recording contract with us). Also be assured that at all times you retain full ownership of your music, that you're not committed to entering into any additional contract with MakeaStar.com, and that, after your song has been reviewed and entered and run its course through the “Contest”, if it does, you are free to cancel your agreement with MakeaStar.com and have your music deleted from our system. The reason for this no-delete period is simple: if we remove your song during one of our ratings periods, it's going to screw up our calculations of who the winner for that period is. If you win, you're in no way obligated to let us sign you, and you can take your music off the site.
Please, have your attorney check this out. As we said there is nothing out of the ordinary in this Agreement and if you have previously uploaded your music to any other Internet site, you’ll find that this Agreement is very similar to those.
Although we have attempted to outline below in straightforward English the terms on which submissions to MakeaStar.com ("MAS") will be accepted, please be aware that these terms if accepted by you create a binding legal agreement between you and MAS that significantly affects your rights. We strongly urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance. We reserve the right to make changes to the Submission Agreement in the future, although these changes would not apply to you unless you accepted the revised terms. The basic submissions terms that will constitute our agreement if you accept by clicking the "I ACCEPT" box or submit any material to MAS are as follows:
First the boring stuff:
1. MAS Rights. Any sound recordings, musical and/or vocal works, pictures, videos, song lyrics and/or other materials (collectively the "Material") submitted by you shall be available for us to use on a non-exclusive basis anywhere and everywhere throughout the universe without any payment to you. We will not sell or license your music to others (making your music available to visitors of our site, regardless of if such visitors pay a fee to access your music, shall not be considered a sale or license), but MAS will be authorized to reproduce, distribute, publicly perform, publicly display and digitally perform and/or distribute the Material in whole or in part, alone or together with other material. MAS shall also have the right to use the Material for the purpose of promoting MAS products and services and to use the name, likeness and biographical material and any logos, marks or trade names of you or any individuals performing or otherwise represented in the Material or the artist or band included or referred to in the Material without any payment to you or any other persons or companies.
2. Ownership of Material. At all times you shall retain full ownership of the Material while granting to MAS the non-exclusive rights set forth in this agreement. The forgoing notwithstanding, the physical copies of the Submission you submit will be the property of MAS and will not be returned.
3. Your Warranties to MAS. By accepting this agreement and/or submitting any Material, you are guaranteeing to MAS that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Material on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Material and other rights provided herein. You further guarantee to MAS that the compositions, recordings, lyrics and other materials contained in the Material are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies. Although we're big believers in free expression, you also guarantee that the Material does not and will not violate any laws or be defamatory, libelous, pornographic or obscene. Finally, you guarantee to MAS that the Material will not contain any "viruses" or other information that may damage or otherwise interfere with MAS computer systems or data or that of our customers. You shall be fully responsible for any violation of your agreements including the guarantees made to MAS under this paragraph and you shall indemnify MAS and our customers from any damages and costs, including reasonable attorneys fees, arising from your breach. You shall sign and deliver to MAS any additional documents that MAS may request to confirm MAS's rights under this agreement.
4. Terms of Use. MAS shall from time to time publish on the MAS site its policies concerning the service and content to be submitted and you agree to comply with those policies. MAS shall have the right to review your Material and in its discretion edit, alter, decline to post or remove any of the Material for any reason. Included in the aforementioned right, MAS shall have the right to censor in any manner it chooses any portion of the Material that it deems in the exercise of its reasonable business judgment to be offensive.
5. Disclaimer. You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and MAS shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the MAS service. Aside from the use required to create the Review, there are no assurances whatsoever that any of the Material shall actually be utilized on the MAS site or if so utilized continue to be available for any particular time. The MAS site may be discontinued at any time, with or without reason. If for any reason any part of this agreement violates any law or would otherwise be void, this agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable.
6. Cancellation. After the song you uploaded has been reviewed, you are free to cancel this agreement with MAS, and upon your emailed request to customerservice@makeastar.com being received by MAS, we will proceed to delete your song and band record from our system as soon as possible. If your song has made it into our Contest at the time of your cancellation request, we will delete your song and band record as soon as your song is out of the contest. We are obviously not responsible for any copies of your song that may have been downloaded from our site before we removed your material.
7. Third Party Access to your Submission. In the event that your Submission is entered into the Contest, you hereby acknowledge and agree that MAS will allow a number of individuals to have access to your Submission and its review prior, during, or after the time it becomes public on the site. These persons are generally persons who are interested in finding new material and artists to sign to agreements, including subscribers to FirstBuzz.com, a service of MAS for the music industry. MAS makes no warranty whatsoever, express or implied, that any such persons will so preview your Submission or offer you any form of agreement.
8. Submission Fee. Once you have accepted this agreement and finished the submission process in full, you will have paid the $35.00 Submission Fee. You understand and agree that your submission fee is non-refundable.
9. Your Submission. May not contain any sampling that you do not own and may not be a cover of any third party music, lyrics or songs. In other words, the music, lyrics and performance must be original to you and your band. Further it is not offensive or pornographic; if MAS determines that any portion of your Submission is offensive or pornographic, in the exercise of its good faith business judgment, then it may remove or censor any such objectionable materials. You may upload your submission on-line or send in your submission via postal mail. To send your submission via mail, print out the MAS Submission Entry Form from the Site and mail in your completed Entry Form along with your Submission in CD format and your cashiers check for the $35.00 Submission Fee, along with an additional $20.00 "conversion and upload" fee ($55 total per submission). The Entry Form will require you to indicate your name, or in the case of a band, the band’s name, an address, and email address at which to contact the band or you. You must also indicate the genre for your Submission by selecting one of the genres made available on the Entry Form. If you mail in your Entry, you will be required to indicate that you have read and agree to these Rules. You may enter a particular song more than once, but only with a separate Entry Form for each Submission, and make a separate payment of the Submission Fee for each Submission. MAS is not responsible for any lost, misdirected, stolen or undelivered Submissions, nor for any technical, network, electronic, computer, hardware or software failures of any kind, including any injury or damage to your or any other person's computer related to or resulting from participating in or downloading any materials related to your Review or any Contest.
10. Use of the Submission. By Submitting your Material, you grant to MAS and their designees and licensees the worldwide, non-exclusive right and license: (a) to encode, digitize and store the Submission on their servers; (b) to perform, display, copy, distribute, edit, post or publish, modify, transmit and telecast the Submission in any medium or format now known or hereafter developed, including via television, cable, satellite, Internet and/or other online service; (c) to publicize, market, advertise and promote the Submission in any medium or format now known or hereafter developed; (d) to place advertising before and after the Submission; and (e) to use your name, likeness, voice, information you provide in the Submission Entry Form, and/or other indicia of identity, in connection with the use, exploitation, promotion and/or advertising of the Submission and/or the Contest, in perpetuity commencing from the date of Entry. The Submissions of the MAS Contest Winners, as well as all other submitted Submissions, may appear on Internet web sites owned, operated and/or licensed by MAS. However, MAS is not obligated to use, perform, transmit or display such Submissions, even if a Submission has been selected as the Winner.
11. The Review. In exchange for the Submission Fee you shall receive a review of your submitted music in the form indicated on the Sample Review, which review shall be done by one of MAS’s staff of reviewers. Once completed you will be notified via e-mail to login to MAS and read your Review. MAS shall make every effort to provide the Review within 2–3 weeks from the date of your submission, but failure to do so shall not allow you any rights, including the right to the return of the Submission Fee or to cancel this agreement. Your submission Review will remain “live” for a period of thirty (30) days, after which time it may be archived or destroyed at the sole election of MAS. Therefore, please print a copy of the review for your records. The Review remains the property of MAS, however, we hereby grant you the right to utilize the review in any non-commercial manner you may select. In other words, please, go ahead and quote the review anywhere you want, just always indicate that it came from MakeaStar.com. If you feel that your Review was not handled according to the guidelines indicated on the site, please contact our staff at customerservice@makeastar.com.
12. The Contest. MAS keeps track of the scores in each review, and using its patent-pending “Virtual A&R” or “VAR” system tabulates those scores and compares them to all other submissions. If your submission ranks as one of the top 16 submissions, then it may (please note that MAS has the right to set a minimum average score, which if not met shall block a submission from entering the contest) be entered into the Contest. In case of ties, the submission with the earlier submission date makes it in the Contest. All decisions are made by MAS and are deemed final, binding and conclusive. This Contest is void where prohibited.
13. How the Contest works. Several contests may operate at once on the Site. Each Contest shall be broken down into a series of “head-to-head” “matches” between two submissions. The first set of matches are held in the Contest’s Preliminary Stage where the 16 submissions are randomly paired against one another. During the week following selection of the top 16, MAS registered members who come to the Site shall have the opportunity to vote in each such competition, as will our special Industry Voting Panel (IVP) members. MAS’s patent-pending VAR engine automatically totals the votes for each match, and, by giving equal weight to the Registered User voting results and the IVP voting results, picks a winner for that match. The winners of each match then move forward into a new match according to the MAS Contest brackets. This process continues until one of the top 16 submissions is the winner. Each contest may be referred to by a specific name. Each round of each Contest may be referred to by a specific name. This Submission Agreement will govern each Contest.
14. How Ties are Resolved. In the event that there is a tie in any of the MAS matches, i.e. in the Clubs, Concert Halls, Arenas, or the Stadium, the MAS system automatically picks the winners as follows:
a.The song with the highest Average Review Score, as previously scored by a member of MAS’s IRB, is picked as the winner;
b.If the Average Song Review scores are equal for both contestants, then the song with the earlier submission date (i.e. the date when the song was first submitted to MAS for review) is picked as the winner.
15. The Contest Winner. The winner of each Contest shall, as a condition of winning, be required to sign an Affidavit of Eligibility and Liability/Publicity Release, which contains an agreement to be bound by these Rules as well as other conditions as may be noticed on the site from time to time. Without limiting anything set forth in these Rules, the Winner’s Affidavit will confirm that all of the submitted musical compositions and recordings are entirely your original creative works, that all copyrights therein are owned exclusively by you and that such compositions and recordings do not infringe any copyrights or any other rights of any third parties. You will be required to represent and warrant that you have all necessary rights, consents and approvals to grant MAS the right to use your name, likeness, logo, bio, and/or other text and graphics that you provide to MAS in connection with the Submission. The Winner’sAffidavit will provide that each Member of Band, as applicable, also agrees to indemnify and hold harmless MAS from any claims inconsistent with the foregoing. In addition, the Winner’s Affidavit will provide that by winning, you and as applicable, each Band Member, agrees to release the Sponsors and Administrators from any and all liability for injuries, damages or expenses sustained in connection with the Contest or with winning. Finally, the Winner’s Affidavit will provide that you agree to adhere to these Rules, that you must have the authority and capacity to execute and perform. You and, as applicable, each Band Member must have his or her signature notarized where indicated on the Winner’s Affidavit. Failure to comply with the foregoing may cause the Winner to forfeit their status as winners.
16. Additional Representations. By entering, you (“you” and "your" mean you if a solo Artist, and the Band and each individual Member of the Band, if applicable) hereby represent and warrant that the compositions, recordings and other materials contained in your Submission are your original and your sole work of authorship, and do not infringe upon any applicable law or regulation or upon the rights of any third party. You further represent and warrant that you have all rights, approvals and/or consents necessary to make your Submission and submit your Entry to the Contest, and that the Artist, Band or any Member of Band, as applicable, is/are not signed to a recording contract or bound by any other contractual obligation that would prohibit it from entering the Contest. You further agree to not bring any copyright infringement action or other related claim against MAS which is based, in whole or in part, on MAS access to your Entry.
17. Eligibility. To enter, Artist or all Band Members, as applicable, must be eighteen or over. This Contest is void where prohibited. Employees and their immediate families of Sponsors, their parent, affiliated companies, advertising and promotion agencies, the sponsors and prize donors (collectively, "Sponsors and Administrators") are not eligible. Bands, Artists or Band Members who are a party to a recording agreement with a record label or other agreement pursuant to which the band provides recording services to a third party ("Recording Agreement"), are not eligible to participate in the Contest. Bands, Artists and Band Members agree not to enter into a recording agreement with a third party until the Artist, Band or Band Member is no longer in the Contest. By entering this Contest, Artist, Bands and Band Members individually agree to be bound by these Official Rules, and agree to release the Sponsors and Administrators from any and all liability for injuries, losses or damages of any kind resulting from participation in this Contest.
18. Official Rules and Winners List. For a copy of these Official Rules or a list of winners, please send a self- addressed envelope to MakeaStar.com, 1403 N. Batavia Avenue, Suite 111, Orange, CA, 92867, U.S.A.
19. General. This Contest is void where prohibited. In the event that technical or other circumstances compromise the Contest, MakeaStar.com reserves the right to cancel the Contest, and select winner from all eligible submissions received prior to the cancellation. MAS is not responsible for typographical errors in the Contest site or these Rules. This Agreement, your Submission and the Contest shall be governed under United States and California law, and you hereby consent to the exclusive jurisdiction and venue of California courts (State and Federal) for any cases or controversies arising out of your Submission, including, but not limited to the Contest. You waive any and all objections to jurisdiction and venue in those courts. MakeaStar.com reserves the right to share contestant information with Sponsors and Administrators in accord with its Privacy Policy. Except where prohibited by law or regulation, Winners acceptance of prizes, if any, will constitute permission for, its affiliated companies, sponsors or prize donors to use Winner's name, likeness, and statements for any purpose in reference to the Contest and this promotion without additional compensation, consideration or consent. Except as otherwise set forth above, the Terms of Use governs all online participation in this Contest for MakeaStar.com.
Questions regarding the Contest can be directed by email to Customerservice@makeastar.com.
Contest and the Contest Rules TM and c 2002, 2003 MakeaStar.com. All rights reserved.
I,____________________________ have read and hereby agree to MakeaStar.com's submission.
________________________ __________________
Member Signature Date