The Miami Herald Superstar Talent Competition

ELIGIBILITY: The "Miami Herald Superstar Talent" Competition ("Contest") is open to legal U.S. residents physically residing in the Miami-Dade, Broward, Palm Beach and Monroe counties who are 18 years of age or older as of 08/22/2007. This Contest is sponsored by The Miami Herald Media Company, 1 Herald Plaza, Miami FL 33132-1693 ("Sponsor"). Promotional consideration is provided by The Opium Group, located at 690 Lincoln Road, Miami Beach, FL 33139; Sandals Beach and Resort, located at 4950 SW 72 Ave, Suite 2, Miami, FL 33155; Bongos Cuban Cafe, located at 601 Biscayne Blvd, Miami, FL 33132; and Spirit Airlines, located at 2800 Executive Way, Miramar, FL 33025 (collectively "Promoters"). Employees of Sponsor, Promoters, The McClatchy Company, or their subsidiaries and affiliates, and their immediate families, are not eligible to enter. This Contest is subject to all applicable federal, state and local laws.

The Contest Audition and Submission Period begins on August 21, 2007, at 12:01 AM Eastern Time ("ET"), and ends on September 7, 2007 at 5:00 PM ET (the "Contest Submission Period"). ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST SUBMISSION PERIOD AS PROVIDED IN THESE OFFICIAL RULES. By participating, Contestants agree to be bound by these Official Rules and the decisions of the Sponsor and Promoters, which are binding and final on matters relating to this Contest. The Official Rules can also be found at www.miamiherald.com and may be requested by mail at the following address: Miami Herald Media Company, The "Miami Herald Superstar Talent" Competition, P.O. Box 012169, Miami Florida 33129.

Only one entry per natural person.

HOW TO ENTER: There are two ways to enter the Contest:

1) Walk-In Contestants:  On Wednesday, August 22, 2007, stand in line at the Bongos Cuban Cafe at 601 Biscayne Blvd, Miami. Doors will open at 11 a.m. and close at 6 p.m. ET. The first eighty (80) Contestants in line ("Walk-In Contestants"), as determined in the sole discretion of Sponsor or Sponsor.s agent, will be selected to participate in videotaped auditions ("Walk-In Auditions"). Contestants may not cut in line and those in line who attempt to "save" spots will be disqualified. In case of tie or disagreement, Sponsor's (or its agent's) decision shall govern and be final and binding. Walk-In Contestants agree to be bound by the audition guidelines contained in these Official Rules ("Audition Guidelines"). Any potential entrant who is not selected as a Walk-In Contestant may sign up for subsequent audition rounds, as outlined below.

2) Pre-Registered Contestants. Additional auditions will be held on Friday, September 28 and Saturday, September 29, 2007, from noon to 6 pm at Mansion, 1235 Washington Ave, Miami Beach ("Pre-registered Auditions").  You must be a pre-registered contestant in order to participate.

a) Pre-Registration. To pre-register, beginning at 12:00 a.m. ET on August 22, 2007 to 11:59 p.m. ET on September 7, 2007, send an email to HeraldSuperstar@MiamiHerald.com containing the following information: your full name, street address, email address, day, evening and (if you have it) mobile phone numbers. The first one hundred and ninety (190) fully valid and complete e-mails received by Sponsor, according to Sponsor's clock, and in Sponsor's sole discretion, will be registered to attend the Pre-registered Auditions. 

Only one (1) email per person per email address. Sponsor and Promoters are not responsible for bugs, glitches or other technical problems, or late, lost, delayed, damaged, corrupted, misdirected, incomplete, illegible or unintelligible e-mail entries. Sponsor reserves the right to disqualify such entries or entries suspected of being false. Only complete valid entries will be accepted. All entries submitted become the sole property of Sponsor.

b) Notification of Pre-registered Auditions. Each eligible Pre-registered Contestant will be assigned a day and time slot to participate in the Pre-registered Auditions, in Sponsor's sole discretion. On or around September 8, 2007, Sponsor will email qualified and eligible Contestants, using the name and email address provided in the original e-mail, with the day and time of their audition ("Audition Spot"). That time and date is final and may not be changed. You must reply to this email indicating your willingness to attend your Audition Spot or your Audition Spot will given to another Pre-registered Contestant.

Alternate Pre-registered Contestants may be selected from among the remaining eligible entries if a Pre-Registered Contestant: (i) cannot be reached; (ii) does not respond to the notification within 72 hours; or (iii) does not show up at the audition or cannot audition for any reason. Non-compliance with these Official Rules may also result in disqualification and selection of an alternate Pre-registered Contestant.

 c) Pre-registered Auditions. Pre-registered Auditions will be held on Friday, September 28 and Saturday, September 29, 2007, from noon to 6 pm ET at Mansion, 1235 Washington Ave, Miami Beach. Only Pre-registered Contestants who have received from Sponsor a day/time slot to audition can participate in these Auditions. Absolutely no walk-ins.  Contestants that have not registered as explained in these Rules will not be permitted to audition. Pre-registered Contestants agree to be bound by the Audition Guidelines.

For both Pre-registered Auditions and Walk-In Auditions, the collected audition videos will be referred to in these Rules as "First Audition Videos".

AUDITION GUIDELINES.  These Audition Guidelines shall govern all Contest auditions, including without limitation, Walk-in Auditions, Pre-registration Auditions, Second Auditions and Third Auditions (collectively the "Auditions").

Starting on or about August 21, 2007, a list of Karaoke songs will be available at www.MiamiHerald.com/entertainment. Contestants that are selected to participate in any of the auditions in this Contest ("Eligible Contestants") must chose one (1) song from that list to perform the Audition(s). Eligible Contestants will be asked to perform that song one time for approximately 59 seconds ("Audition Submission"). A video recording ("Recording") will be made of each performance.  Sponsor is not responsible for technical issues in connection with the Recording.  If, in the sole discretion of Sponsor, an Audition Submission contains offensive, illegal or otherwise objectionable content, or constitutes infringement, the Contestant will be disqualified. Contestant agrees to indemnify Sponsor against any and all claims of infringement from any third party for any use by Sponsor of Contestant's Submission.

All Eligible Contestants must arrive at the audition location a minimum of 30 minutes before their assigned Audition Spot. Contestants may be required to show proof of identification and age and will be asked to sign an eligibility / liability / publicity release ("Release").  Failure to sign a Release will result in disqualification.  Contestants may not bring children, friends, family members or anyone else at any of the auditions.

Contestants must be courteous and respectful at all times during the registration or audition process. Contestants may not bring any weapons, alcohol or non-prescription controlled substances at any Auditions. Sponsor reserves the right to disqualify and/or exclude, in its sole and absolute discretion, any individual from any of the auditions for any reason or for no reason at all, including without limitation, violation of any portion of these Official Rules, or tampering with the entry process or the audition process.  Being chosen to audition and/or compete at any level in the process does not ensure that Contestant will be selected to continue to the next stage.

POSTING OF SUBMISSIONS AND PUBLIC VOTING: Submissions may be prescreened to ensure the entries are in compliance with these Rules and meet with Sponsor.s general standards and practices prior to any online posting of the Submissions.

1. First Round of Public Voting. All First Audition Videos will be posted for public viewing on the Miami Herald web site starting on or around January 8, 2008.  Follow the Contest link at www.miamiherald.com to see the videos and vote. The videos will be divided in groups of approximately 8 videos, for a total of approximately 13 groups, according to the schedule specified below. Every week starting on or about January 15, 2008, the public will be asked to vote online for their favorite performance in each Group. Votes will be accepted pursuant to guidelines posted at the Miami Herald web site, and will end on or about April 14, 2008.
2. 
   Group One, Jan. 15 - 21, 2008
   Group Two, Jan. 22-28, 2008
   Group Three, Jan. 28- Feb. 4, 2008
   Group Four, Feb. 5 - 11, 2008
   Group Five, Feb. 12 - 18, 2008
   Group Six, Feb. 19 - 25, 2008
   Group Seven, Feb. 26 - March 3, 2008
   Group Eight, March 4-10, 2008
   Group Nine, March 11-17, 2008
   Group 10, March 18-24, 2008
   Group 11, March 25 - March 31, 2008
   Group 12, April 1 - 7, 2008
   Group 13, April 8 - 14, 2008
   (These dates are approximate.)
   
   The one (1) First Audition Video with the highest number of votes in each of the thirteen (13) groups, as well as up three (3) First Audition Videos with the next highest number of votes overall (regardless of group), will be deemed the semi-finalists ("Semi-Finalists"), for a total of up to sixteen (16) Semi-Finalists. If no votes are cast in one or more First Audition Video Group(s), Sponsor reserves the right to select Semi-Finalists from the First Audition Videos with the next highest number of votes overall, in order to have up to sixteen (16) Semi-Finalists. In the event of a tie, the tying videos will be posted for an additional three (3) days in order to determine Semi-Finalists. The Semi-Finalists will be notified by phone, email and/or mail in the Sponsor's sole discretion. In the event that a Semi-Finalist does not respond within 48 hours to the notification that he/she is a Semi-Finalist, another Contestant with the next highest vote total may be chosen from among the First Audition Videos at Sponsor's sole and absolute discretion. The Semi-Finalists' names, and, at Sponsor's discretion, hometown, will be announced in the Miami Herald and at on or around April 15, 2007.
   
   2) Second Auditions: Between about March 4 and April 19, 2008, Semi-Finalists must return for another live audition and will be asked to perform another song from the original Karaoke list, for 59 seconds at the Miami Herald main offices, One Herald Plaza, Miami ("Second Auditions"). Semi-Finalists agree to be bound by the Audition Guidelines in these Rules. The Semi-Finalists' performances will be videotaped ("Second Audition Videos").
   
   
3. Second Round of Public Voting: All Second Audition Videos will be posted for public viewing and voting on the Miami Herald web site starting from about April 15, 2008 to April 28, 2008 in approximately two (2) groups of eight (8) contestants each.  Follow the Contest link at www.miamiherald.com to see the videos and vote.  During that period, the public will be asked to vote once for their favorite Second Audition performance. Votes will be accepted pursuant to guidelines posted at the Miami Herald web site, and the voting will end on or about April 28, 2008.
   
   The two (2) Second Audition Videos with the highest votes will be deemed finalists ("Finalists"). In the event of a tie, the tying videos will be posted for an additional three (3) days in order to determine Finalists. The Finalists will be notified by phone, email and/or mail in the Sponsor's sole discretion. In the event that a Finalist does not respond within 24 hours, another Finalist may be chosen from among the Second Auditions Submissions with the next highest total votes, at Sponsor's sole and absolute discretion. The Finalists' names, and, at Sponsor's discretion, hometown, will be announced in the Miami Herald and at on or around April 29, 2008.
   
   
4. Third AuditionsFinalists will asked to perform another song from the original Karaoke list, for 59 seconds at a third audition held from about April 29 to May 3, 2008 at the Miami Herald, One Herald Plaza, Miami ("Third Auditions"). Semi-Finalists agree to be bound by the Audition Guidelines in these Rules.  The Finalists performances will be videotaped ("Third Audition Videos").
   
   
5. 5) Final Round of Public Voting:

The Third Audition Videos will be posted for public viewing and voting on the Miami Herald web site starting from about May 6 to May 12, 2008 at 5:00p.m ET. Follow the Contest link at www.miamiherald.com to see the videos and vote. During that period, the public will be asked to vote once for their favorite Third Audition performance. Votes will be accepted pursuant to guidelines posted at the Miami Herald web site, and the voting will end on or about May 12, 2008 at 5:00p.m ET.

The Finalist with the highest number of votes will be deemed the Selected Contestant. In the event of a tie, the tying videos will be posted for an additional three (3) days in order to determine a Selected Contestant.

Selected Contestant will be required to respond (as directed) to the phone and/or e-mail notification within 24 hours of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring entry from among the remaining eligible submissions. Each Selected Contestant may be required to sign an affidavit of eligibility / liability / publicity release ("Release").

Selected Contestants' name, hometown, likeness, and First, Second and Third Audition Submissions (collectively the "Audition Videos") may be announced in the Miami Herald and affiliated newspapers and posted on Sponsor's web site and affiliated web sites on or around May 13, 2008, and may potentially be aired nationally, in Sponsor's discretion.

By entering the Contest, Contestants represent and warrant that they do not have a contract for talent representation, a music recording contract, an acting and/or modeling contract, or any other contractual arrangement that would prohibit them from participating in the Contest under these Official Rules.

LICENSE: As a condition of receiving any prize, all contestants hereby provide a One Hundred Eighty (180) day exclusive irrevocable worldwide license to Sponsor after which time, Sponsor shall retain a perpetual non-exclusive license to use Auditions Videos in any and all media throughout the world, in perpetuity, for any purpose whatsoever, without any additional compensation, the term of which shall be the entire life of the copyright. Should any Contestant be unwilling or otherwise unable to enter into license, or provide permissions and or releases or otherwise cannot accept or receive the prize for any reason, Contestants with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected. All potential prize winners must provide Sponsor with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive the prize. Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules.

CONTESTANTS WILL NOT BE PAID FOR THEIR PARTICIPATION OR SUBMISSIONS or for granting Sponsor any of these rights. 

All Contestants agree that due to technical limitations, Audition Videos may be altered from their original form. Sponsor may post Audition Videos in any order or sequence, with or without commentary, and may select the excerpt of video to serve as a thumbnail in its sole discretion. Sponsor shall have no liability as to posting of audition videos.

PRIZE.   If eligible under these Official Rules, Selected Contestant and one (1) Guest (who must be 18 and over) will receive: a 4 day/3 night vacation for two (2) to a Beaches Resort of Selected Contestant's choice in Jamaica or the Turks & Caicos (Beaches Negril, Beaches Sandy Bay, Beaches Boscobel or Beaches Turks & Caicos). Prize includes roundtrip coach airfare for two from a major airport in South Florida, provided by Spirit Airlines or other airline of Sponsor's choice.
Approximate Retail Value: $3,000.

Travel arrangements are subject to availability. Actual value of travel prizes may vary based on point of departure and airfare fluctuations. Restrictions and black out dates apply. Subject to terms and conditions of Beaches Resort and Spirit Airlines.

Spirit Airlines is ticketless. Selected Contestant will not receive paper tickets. Spirit Airlines vouchers must be redeemed Monday through Friday 9:00 A.M. to 5:00 P.M. using the information provided in the prize package. Once airline tickets have been issued, they may not be transferred, re-sold, endorsed, exchanged, or in any other manner modified by Selected Contestant. Once tickets are issued, they cannot be changed. Selected Contestant and Guest are solely responsible for any other unspecified expenses related to the prize, including without limitation travel to and from airports, gratuities, and any and all taxes on prize. Selected Contestant and guest must travel together on the same itinerary and travel and travel must be completed by February 28, 2009. Vouchers must be redeemed in the manner listed in the prize package and are not valid for bookings made on spiritair.com.

Beaches Resorts is an all-inclusive resort destination. The prize will include accommodations, all meals, including gourmet specialty dining, unlimited premium brand beverages, nightly entertainment, all land and water sports, including scuba diving (for certified divers), snorkeling, gratuities, and transfers to and from the designated airport.  Telephone calls, Red Lane® Spa treatments and services, tours & excursions, inter-island transportation, SCUBA certification courses, island departure taxes and purchases made at the Beaches Specialty Shops are not included. A processing fee of $25.00 per room, per night double occupancy will apply to each prize.  Confirmation of travel dates will only be provided 30 days prior to the departure date.   Beaches Resorts reserves the right, in its sole discretion, to relocate the Selected Entrant and Guest from their resort of choice to an alternate resort within the Beach Resorts chain, based upon availability.

Guest of Selected Contestant must sign a liability release and the signed release must be received before travel will be booked. Selected Contestant must notify Sponsor of requested travel times at least 45 days in advance; otherwise Sponsor reserves the right to alter the request to accommodate availability.

For all prizes, all federal, state and local taxes and other expenses in connection with the prize not expressly described herein as being awarded are the sole responsibility of the Selected Contestant. All activities related to the prize, including without limitation flying, are at the Selected Contestant's and Guest(s) of Selected Contestant's own risk and subject to whatever restrictions are imposed by the entities that govern activities. Selected Contestant not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. In the event of noncompliance with the foregoing requirements or if prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor's discretion, an alternate Selected Contestant will be selected. Prizes will be shipped to U.S. addresses only.

CONDITIONS.  Contest is subject to these Official Rules.  By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of Sponsor and Promoters which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law.  By accepting a prize, Selected Contestant agrees to release Sponsor, Promoters, The McClatchy Company, including their parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest, (collectively, the "Releasees") from any and all liability, loss or damage arising from or in connection with the Contests and the awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Submissions will not be returned and may be destroyed.  Sponsor may prohibit a Contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or any other unfair playing practices of intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives.  Disputes regarding these Official Rules and/or this Contest will be governed by the internal laws of the State of Florida.

Your presence at the auditions constitutes your consent to the recording and use of your performance, appearance, name, voice, singing voice, likeness and any musical or sound effects produced by you for use in connection with any television program, motion picture or the Internet for all purposes, including advertising, marketing, promotion, merchandising and the exploitation of any and all ancillary and subsidiary rights, as the same may be edited, in all media now known or hereafter created, throughout the universe, in perpetuity for no compensation, unless otherwise required by law. If you do not wish to be photographed or filmed, or do not agree with these terms, PLEASE DO NOT ATTEND THE AUDITIONS AND DO NOT ENTER THE VENUE WHERE THE AUDITIONS ARE TAKING PLACE.

In the event that insufficient qualified entries are received, Sponsor reserves the right, in its sole discretion, to not award all prizes. Taxes, if any, are the sole responsibility of Selected Contestant, and Contestants may be issued an IRS Form 1099 for the ARV of any awarded prize.  This Contest is void outside the U.S. and where prohibited or restricted by law, and subject to applicable federal, state provincial and local laws.  Sponsor reserves the right to disqualify any Contestant it finds to be tampering with the entry process or the operation of the Contest or violating these Official Rules.

Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor's control, corrupt the administration, security or proper play of the Contest.  Sponsor may prohibit an Contestant from participating in the Contest or winning prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

PUBLICITY. Except where prohibited by law, Contestants' entry constitutes permission for Sponsor and/or any Promoters to use said Contestants' name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Contest on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation.

WAIVER OF JURY TRIAL.  Except as prohibited by applicable law and as a condition of participating in this Contest, each Contestant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.

PRIVACY.  All personal information collected by Sponsor will be used for administration of the Contest and in accordance with Sponsor's privacy policy. Please refer to Sponsor's privacy policy located at www.miamiherald.com/825/index.html for important information regarding the collection, use and disclosure of personal information by Sponsor.

OFFICIAL RULES AND WINNERS LIST. For a copy of these Official Rules or of the winners, send your request in a self-addressed, stamped envelope (WA and VT residents need not affix return postage) to: Miami Herald Media Company, The "Miami Herald Superstar Talent" Competition, P.O. Box 012169, Miami Florida 33129.  Request must be received by December 30, 2008.  Rules also available online at www.miamiherald.com.