1. hell Says:

   Mar 27 6:27 PM

   Look at the “digiphilly” legal agreement below (taken from their website). Its a shaft job clear and simple. They want everything including your voice, body, and its likeness. All they give you back is a POSSIBLE but not guaranteed MENTION! only!! Thats it!

   What s ripoff song contest. I completely lost y motivation to send in what would surely have been a likely winner. If a lawyer were to decipher that massive legalese mess below they would surely find dozens of other rights you’d be stripped of, JUST FOR ENETERING A SONG CONTEST! FUCK THAT!

   EVERYONE, DON’T SUBMIT ANYTHING TO THOSE COCKROACHES - AND THEY’RE IN NY - NOT PHILLY!!!

   TERMS AND CONDITIONS FOR SUBMISSIONS TO DIGPHILLY.COM MUSIC
   DIGPHILLY.COM IS A NEW LOCAL WEB PORTAL, OFFERING INFORMATION ON THE GREATER PHILADELPHIA AREA, INCLUDING INFORMATION ON THE LOCAL MUSIC SCENE. DIGPHILLY.COM IS LOOKING FOR THEME MUSIC FOR ITS UPCOMING COMMERCIALS. WE ARE OFFERING THIS OPPORTUNITY AS PART OF OUR MISSION TO SERVE THE LOCAL MUSIC SCENE.
   THE TOTAL MUSIC PIECE SHOULD BE NO LONGER THAN 4 MINUTES. THE PIECE SHOULD BE 100% ORIGINAL AND INCLUDE SOME INSTRUMENTAL AS WELL AS LYRICS. IF WE CHOOSE YOUR SUBMISSION AS OUR THEME, YOU WILL BE CREDITED AS THE COMPOSER AS DETAILED BELOW. ALSO, YOUR DIGPHILLY MUSIC WILL RECEIVE HEAVY BROADCAST AND CABLE EXPOSURE ON OUR COMMERCIALS’ RUN THROUGHOUT THE GREATER PHILADELPHIA TELEVISION MARKET AND ONLINE THROUGH OUR WEBSITE. IF WE CHOOSE YOUR SUBMISSION, YOU MAY ALSO BE INVITED TO MAKE A ONE-TIME TELEVISION APPEARANCE (INCLUDING A PERFORMANCE) ON WCAU-TV’S 10! SHOW.

   PLEASE REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS YOUR SUBMISSION. BY SUBMITTING AN ENTRY YOU ARE GIVING CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. DO NOT SUBMIT ANY MATERIALS IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT.

   GUIDELINES FOR SUBMISSIONS AND REPRESENTATIONS:

   Submissions: The term “Submission” shall include any materials or information submitted by you, including without limitation, your name, likeness, videos, any compositions, master sound recordings, composition information, sheet music, band information, audio, video, data, graphics, photos, text, information, screen names, profiles, newsletters, gig listings, playlists, podcasts, blogs, broadcasts, messages, software, XML, RSS and links, photographs, recordings, writings, statements, ideas or other material furnished by you to digphilly.com, a division of NBC Universal, Inc. (”DIGPHILLY.COM”) through this website or otherwise.

   1. ORIGINALITY; RIGHTS:
   a. DIGPHILLY.COM is only interested in your original work. For all Submissions that you upload to the DIGPHILLY.COM, you represent and warrant that you have all rights, approvals and/or consents necessary to submit the Submission on the terms provided in this Agreement. You also guarantee that no permission is required from any other individual or entity for DIGPHILLY.COM to use the Submission in the manner provided herein. For example, you are not subject to an exclusive recording agreement that would preclude you from entering this Agreement. You further guarantee to DIGPHILLY.COM that the compositions, recordings, lyrics, text and other materials contained in the Submission are original 100%, created only by you or the entity on whose behalf you are entering into this Agreement and do not contain any “samples” or excerpts that would infringe on the copyrights of others and do not otherwise infringe on the rights of any other individuals or companies. You represent and warrant that you are the sole owner of all right, title and interest, both legal and equitable, throughout the universe in and to the Submission (including the moral rights of authors) for all purposes whatsoever, without condition, restriction or limitation of any kind. You represent and warrant that (i) your entire Submission is an original work by you and you have not copied or used other works (including but not limited to dialogue from plays, recordings of musical works or clips from other videos, television programs or motion pictures) except as provided to you by DIGPHILLY.COM, in or in connection with your Submission;(ii) your Submission, the use thereof by DIGPHILLY.COM, or the exercise by DIGPHILLY.COM of any of the rights granted by you under this Agreement does not and will not infringe or violate any rights of any third party or entity, including, without limitation, copyright, trademark, defamation, privacy, publicity, false light, idea misappropriation, or any contractual rights.

   2. AGE: You represent and warrant that you are a legal resident of the United States, that you 18years of age or older, and that you have reached the age of majority in your state of residence.
   3. NO PAYMENT FOR SUBMISSION: You understand that you will not be paid any money for submitting your Submission, for granting the rights to your Submission set forth in this Agreement to DIGPHILLY.COM, or for agreeing to the terms and conditions set forth herein. If your Submission is used as the theme music of DIGPHILLY.COM, we will give you credit, in the form chosen at the sole discretion of DIGPHILLY.COM AND WCAU, in an unspecified number of upcoming DIGPHILLY.COM commercials that will air on WCAU NBC10 and various cable outlets. Your music will also receive exposure online at digphilly.com and NBC10.com. Additionally, if chosen, you may be invited to make a one-time television appearance (with a performance) on WCAU-TV’s 10! Show.
   4. RIGHTS GRANTED TO NBC:
   a. RIGHTS IN SUBMISSION: By sending DIGPHILLY.COM your Submission, you hereby acknowledge and agree that you are granting DIGPHILLY.COM, its licensees, successor and assigns, the perpetual and irrevocable, exclusive right and license to without limitation (a) reproduce, distribute, display, exhibit, host, cache, store, archive, index, categorize, comment on, tag, transmit, broadcast, stream, edit, alter, modify, synchronize with visual material, create algorithms based thereon, and transcode the Submission to appropriate media formats, standards or mediums; and (b) otherwise use, exhibit and exploit, and sell, license, assign and otherwise transfer to third parties the right to use, exhibit and otherwise exploit the Submission (in whole or in part and as altered by DIGPHILLY.COM in its sole discretion) throughout the world in perpetuity, in any and all media, whether now existing or hereafter devised, including, without limitation, on DIGPHILLY.COM, on other websites, on the DIGPHILLY.COM Channel, and on all owned and affiliated broadcast and cable networks and stations, as well as in connection with any distribution or syndication arrangement with third parties or third party sites, in any media format or medium and through any media channels and for any purpose, including, without limitation, downloads, streams, in audio visual recordings, motion pictures, television programs, productions, advertising, promotion and publicity, including, without limitation, advertising, promotion and publicity for DIGPHILLY.COM, other websites, DIGPHILLY.COM, the DIGPHILLY.COM Channel and its programming, and all owned and affiliated broadcast and cable networks and channels and their programming, all without further notice to, consent from or payment to you. You waive any and all “moral rights” you may have in the Submission.
   You also agree that you grant DIGPHILLY.COM and WCAU a direct source license to perform the Submission in all media now know or hereafter devised. This means that you will not collect ASCAP, BMI or SESAC royalties for the use of your Submission.

   Without in any way limiting the foregoing, you acknowledge and agree that DIGPHILLY.COM, its licensees, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to DIGPHILLY.COM under this Agreement, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Submission. You acknowledge and agree that DIGPHILLY.COM, its licensees, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you to DIGPHILLY.COM hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission. Nothing in this Agreement obligates or may be deemed to obligate DIGPHILLY.COM to exercise any of the rights granted by you to DIGPHILLY.COM under this Agreement.

   You grant the rights hereunder whether or not your Submission or any part thereof is actually used by DIGPHILLY.COM. You acknowledge that your consideration for the rights you grant DIGPHILLY.COM in your Submission is the possibility that DIGPHILLY.COM or its designees’ will review or use your Submission, and if your Submission is selected as DIGPHILLY.COM theme music you will get credit, as specified above, at the beginning of an unspecified number of upcoming DIGPHILLY.COM commercials. You will not receive any further compensation of any kind for your Submission or the use thereof, and you will not receive credit for any use of your Submission unless otherwise specified herein. Your Submission will not be acknowledged or returned. You acknowledge and agree that your Submission is being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between DIGPHILLY.COM and you by your submission of the Submission.

   In addition to all of the legal and equitable rights and remedies available to DIGPHILLY.COM in connection with this Agreement or your Submission, you acknowledge and agree that DIGPHILLY.COM shall have the right, in its sole discretion, not to post the Submission on any website, to remove the Submission from any website on which it has been posted, and not to use, exhibit or otherwise exploit your Submission in any manner whatsoever. Furthermore, DIGPHILLY.COM shall have the right to suspend or terminate your access to any DIGPHILLY.COM or related website and refuse to grant you access to use any DIGPHILLY.COM or related website in the future with or without warning if DIGPHILLY.COM, in its sole discretion, believes you have: (i) violated or tried to violate the rights of DIGPHILLY.COM; or (ii) violated or tried to violate any of the representations, warranties or other terms or conditions of this Agreement; or (iii) acted inconsistently with any of the terms or conditions of this Agreement. DIGPHILLY.COM has no obligation to inform you of any decision not to post, to remove, or not to use, exhibit or otherwise exploit your Submission.
   b. USE OF NAME AND LIKENESS: By sending DIGPHILLY.COM your Submission, you also consent to the recording, use and reuse by DIGPHILLY.COM, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission (collectively, “Personal Elements”), as edited, altered, fictionalized or modified by DIGPHILLY.COM, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with nbc.com , or related websites, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity. You acknowledge and agree that DIGPHILLY.COM, its licensees, successors and assigns, may use all or any part of your Personal Elements, and may make any changes that any of them may deem necessary, in their sole discretion, including altering, fictionalizing or modifying them regardless of whether or not you are recognizable.
   c. OWNERSHIP: Except as expressly set forth in this Agreement, you shall continue to own all rights in and to the Submission. To the extent your Submission contains other materials or elements owned by DIGPHILLY.COM, NBC Universal, Inc. or any other affiliated company, such as characters or other elements protected by copyright, trademark or other laws, your rights to make any other use of the Submission will continue to be governed by and may be limited by other applicable laws.
   5. OTHER SUBMISSIONS: You recognize that other persons, including DIGPHILLY.COM’s own employees, may have submitted to DIGPHILLY.COM or others, or made public, or may in the future originate and submit, or make public, materials that are similar or identical to your Submission. You acknowledge and agree that DIGPHILLY.COM shall have the right to use such similar or identical materials, and that you will not be entitled to any compensation because of DIGPHILLY.COM’s use of such similar or identical materials. Nothing in this Agreement, or your submission of the Submission, shall be deemed to place you in any different position from any other member of the public.
   6. PORTRAYAL IN WEBSITE OR PROGRAM: In and in connection with any website or program in which your Submission may be used, information of a personal, private, surprising, disparaging, embarrassing or unfavorable nature, that may be factual or fictional, may be used and included regarding you and your Submission.
   7. INDEMNIFICATION AND RELEASE OF CLAIMS: You agree to indemnify and hold harmless DIGPHILLY.COM, NBC Universal, Inc., their parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective officers, directors, agents, representatives and employees, from and against any and all claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including, without limitation, attorneys; fees) which in any way arise out of or result from your breach of any of the representation, warranties or other terms or conditions of this Agreement or any use of your Submission or Personal Elements in accordance with this Agreement. You hereby release, discharge and hold harmless DIGPHILLY.COM, NBC Universal, Inc., their parent, subsidiary and affiliated companies, each of their respective licensees, successors and assigns, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”), from any and all claims, actions, damages, liabilities, losses, costs and expenses of any kind (including, without limitation, attorneys’ fees) arising out of, resulting from, or by reason of this Agreement, ,your Submission, any of the Personal Elements or your participation or appearance in any program or advertising, including, without limitation, any use, exhibition or other exploitation of your Submission or any of the Personal Elements, your appearance in any program or advertising, or the exercise by DIGPHILLY.COM or any of the other Released Parties, of any of the rights granted by you under this Agreement, on any legal theory whatsoever (including, without limitation, idea misappropriation, copyright infringement, personal injury, rights of privacy and publicity, false light, defamation, intentional or negligent infliction of emotional distress, or breach of contract).
   8. NOTICE REGARDING CLAIMS AND OTHER MATTERS: You agree that you must provide written notice by Federal Express or by Express Mail to the NBC Universal Law Department, Attn: Senior IP Counsel, 30 Rockefeller Plaza, New York, New York 10112, of any claim arising in connection with your Submission or in connection with this Agreement. You further agree to provide such notice within 10 calendar days after acquiring knowledge of the claim. All other notices under this Agreement shall be in writing and may be sent by email, U.S. mail, Federal Express, Express Mail or personal delivery. In the case of DIGPHILLY.COM, such notices shall be sent to the address provided above in this paragraph. In the case of you, such notices shall be sent to the most recent email address or physical mailing address that DIGPHILLY.COM has on file provided by you, and the date of such mailing or delivery shall be deemed the date of such notice.
   9. OTHER MATTERS: This Agreement constitutes our entire understanding with respect to its subject matter. Any modification or waiver must be in writing, signed by both DIGPHILLY.COM and you. The terms and conditions of this Agreement and its performance will be binding on you and your heirs, executors, administrators, successors and assigns. If any provision of this Agreement or any document incorporated by reference is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect, including without limitation, the ability to resolve all controversies and claims through arbitration, provided, however, that the aggregate of all such provisions found to be invalid or unenforceable does not materially affect the benefits and obligations of the parties to this Agreement as a whole. You may not assign your rights under this Agreement except as approved by DIGPHILLY.COM and any unauthorized, purported assignment will be null and void. DIGPHILLY.COM and its successors, licensees and assigns, will have the unlimited right to assign this Agreement and the rights granted by you under this Agreement at any time, in whole or in part, to any party. You will execute any documents (after being afforded a reasonable opportunity to review and confirm the same) and do any other acts as may be reasonably required by DIGPHILLY.COM, with DIGPHILLY.COM to bear reasonable expenses related to your execution of such documentation, provided DIGPHILLY.COM is notified ahead of time and agrees to such expenses, to further evidence or effectuate the rights of DIGPHILLY.COM as set forth in this Agreement. You appoint DIGPHILLY.COM as your attorney-in-fact (which appointment is irrevocable and coupled with an interest), with full power of substitution and delegation, but only to execute any and all such documents, or perform such acts, which you fail to execute (after being afforded a reasonable opportunity to review and confirm the same). DIGPHILLY.COM will promptly furnish to you a copy of all such documents that DIGPHILLY.COM executes on your behalf. The construction, validity, interpretation and enforceability of this Agreement will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules.
   YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS THAT YOU ARE GRANTING AND THE REPRESENTATIONS AND WARRENTIES YOU HAVE MADE IN THIS AGREEMENT. YOU FUTHER UNDERSTAND THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR RIGHT TO FILE A LAWSUIT IN COURT WITH RESPECT TO ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT.

2. legaleagle Says:

   Mar 28 10:59 AM

   having a law background, I would say that this agreement is pretty standard (and complete) for any contest involving music rights. And, if you knew anything about jurisdiction, the reference to New York is probably because that is where their umbrella company exists (as in corporate office) as a legal entity which binds them to the laws and courts in that area. You sound like an idiot when you speak about that which you do not know.

3. ur_job_is_boring Says:

   Mar 28 11:21 AM

   Legaleagle… I couldn’t agree more. This guy sounds like an idiot every time he rambles - period. His shtick is beat. When will PW wake up and dismiss this monkey. Hope they’re not paying him more than their feature editors (you know, the ones with the dying jobs but who actually have talent).

4. read_it Says:

   Mar 28 4:58 PM

   Digphilly article in CampusPhilly.org

   http://tinyurl.com/39okvd

5. fuck you Says:

   Apr 1 4:55 AM

   hey turdbrains and supposed “experts” we could care less if its a standard agreement (in your worthless and useless opinion) or not. the empty shell of shit called digiphilly is nothing more than a dead website owned by NBC in NY. why the fuck would any talent from philly want to sign away 2 pages of rights just to enter a song contest with a virtual prize, dipshits? you shitheads would call us idiots for putting our money in a virtual bank that doesn’t even have a working website. go fuck and suck yourselves, lame ass shit faces.

6. ur_life_is_boring Says:

   Apr 1 4:58 AM

   forget digiphilly. we need a website by, for, and of people in philly and nowhere else. i suggest putting out a call on this blog for people interested in contributing whatever would be needed.

7. Prep-a-red Says:

   Apr 17 12:50 PM

   ont know what the fuss is. Its a standard foprm for music submission and they already say its run by NBC who is based in NY 30 Rockefella Plaza. Look, just cause you missed the chance to submit your little corny song DONT HATE ON DIGPHILLY. At least somebody is tryin to do something positive for just US.

8. Lou Says:

   Jun 9 2:48 PM

   Speaking about this DigPhilly.com contest, can anyone tell me if it is still going on?

   I have to admit, I feel a little funny about this whole thing - I submitted a song a couple of months ago when I had first seen the commercial on TV. Now, there is absolutely no mention of the contest whatsoever. Nothing even comes up on the DigPhilly.com website if you perform a search on the query, “Theme Song Contest”. The link, DigPhilly.com/ThemeSong is disabled and you can’t even contact them through the Contact Us link - it doesn’t bring up an email window. I tried getting through with support@DigPhilly.com and did not receive an undeliverable, so, I assume that they were able to read my email. I have even contacted NBC10 but noone will get back to me and come clean about this contest.

   Does anyone know if this contest is still valid?

   Thanks.

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