Rules
of the 2005 Eurovision Song Contest

RULES OF THE 2005 EUROVISION SONG CONTEST
Kyiv, 19 and 21 May 2005

TABLE OF CONTENTS

SECTION PAGES

Section One: Core Elements
Section Two: Funding of the Contest Final
Section Three: Marketing (Commercial Exploitation) Rights
Section Four: Sharing of Marketing Revenue 
Section Five: The Entries 
Section Six: Duties of the participating broadcasters
Section Seven: Duties of the Host Broadcaster 
Section Eight: Duties of the EBU 
Section Nine: Voting Procedure for the Semi Final and Final 
Section Ten: Presentation of the Voting Results for the Semi Final and Final 
Section Eleven: Disqualification Procedure and Sanctions 
Section Twelve: The Winners of the 2005 Contest Final
Section Thirteen: Broadcasting and other Uses of the Contest Final 
Section Fourteen: Final Provision
Section Fifteen: Extension

RULES OF THE 2005 EUROVISION SONG CONTEST

The ESC is open to active Members of the EBU, which are European public service broadcasters (for further information see www.ebu.ch --> Members --> Directory).

In order to participate in the national finals of the ESC, applicants (including artists and/or authors) must contact the participating broadcasters directly. Artists do not need to have the same nationality as the country he/she is representing; as per the rules below, this is left up to the discretion of each participating broadcaster.

Core Elements

Participation in the Eurovision Song Contest is open to EBU Members only.

1) The Eurovision Song Contest (ESC) is a state-of-the-art, world-class television production of a competition involving musical performances by countries representing the Members of the European Broadcasting Union (EBU). The ESC comprises a Semi Final and Final. Participating broadcasters on the Contest Final are those EBU Members selected to participate in the Semi Final and/or Final.

2) The Semi Final shall take place on Thursday 19 May 2005 from 21.00 to approximately 23:15 CET, and the Final shall take place on Saturday 21 May 2005 from 21.00 to approximately 00.20 CET. Both events will take place in Kyiv, Ukraine and will be organized, produced and transmitted live by the National Television Company of Ukraine (NTU). Both live televised events will be transmitted live across Europe via the Eurovision network.

3) EBU Members from a total of 24 countries will compete in the Final.
14 countries have secured their place among the 24 spots available in the Final: the winner plus the nine other highest scoring countries from the 2004 Eurovision Song Contest and the four largest countries in the competition (i.e. France, Germany, Spain, and the UK). The performers from these 14 countries shall not participate in the Semi Final.
For the 10 remaining places in the Final, the rest of the countries will have to compete in the Semi Final. A maximum of 26 countries are allowed to take part in the Semi Final event.

4) If more than 26 countries apply to participate in the Semi Final, priority shall be given to the countries having participated the most often in the five previous editions of the Contest. If certain countries have participated the same number of times, the Eurovision Song Contest Reference Group shall vote. The remaining countries shall be placed on a waiting list. If any Participating Broadcaster withdraws, the Reference Group shall select a replacement in accordance with the above criteria.

Should any Member in one of the above-mentioned nine countries decide not to take part in the 2005 Contest Final, its place shall be offered to the Member in the country which was ranked next in the 2004  Final.

5) The format of the Semi Final and Final will mainly consist of successive presentations by the artists of their national songs.

6) The EBU Member whose entry won the 2004 Eurovision Song Contest is invited to host the 2005 Contest Final, subject to agreement with the Host Broadcaster rules, including the presentation of a financial guarantee. Should that Member not accept or abide by any of those rules, the option to host the Contest Final shall pass to another EBU Member, subject to its acceptance of the Host Broadcaster rules.

7) The Reference Group shall liaise direct with the EBU to guide and approve the major elements of the concept, development and preparation of the 2005 Eurovision Song Contest.

8) All EBU Members wishing to participate in the 2005 Contest Final must complete a confirmation of participation form which must be returned to the EBU it by 31 October 2004, On the basis of the replies received, the Reference Group shall draw up a list of Participating broadcasters and shall notify to them the preliminary participation fees by 17 November 2004. The Reference Group shall also notify any Members who, at that stage, have been placed on the waiting list.

9) EBU Members that are accepted as participant of the ESC have until 15 December 2004 to withdraw without incurring any financial penalty.

10) If a participating Broadcaster withdraws after 15 December 2004 or is disqualified for non-compliance with these Rules, it will remain liable for paying 100% of its final participation fee.

11) The final participation fees are established by the EBU Executive Supervisor and communicated to the Participating broadcasters by 22 December 2004 at the latest.

12) In any of the above-mentioned circumstances the EBU remains free to decide whether or not to replace the participating broadcaster, which is disqualified or has withdrawn, by another EBU Member and provided that it is still compatible with the schedule for preparing the Contest Final.

13) The EBU is the sole rights holder of the Eurovision Song Contest

Funding of the Contest Final

1) The cost of financing the production and staging of the Contest Final is shared by the Host Broadcaster Participating Broadcasters. The host broadcaster will cover over 55% of the budget and the remaining amount is shared amongst the other broadcasters taking part in the Contest.

2) In order to fund the contribution mentioned all Participating broadcasters are required to pay their final participation fee to the EBU 30 days before the Final, i.e. by 21 April 2005. Failure to pay in due time may result in a broadcaster being disqualified and/or access to the live satellite transmission being denied.

3) The cost of receiving the live transmissions shall be paid by all Participating broadcasters and by other broadcasters wishing to receive the live transmissions, in accordance with the standard EBU Operations billing practices.

4) Each participating Broadcaster is responsible for the coverage of all expenses related to its entry in the Contest.

Marketing (Commercial Exploitation) Rights

1) All rights to the 2005 Eurovision Song Contest are exclusively owned and managed by the EBU for the benefit of the Participating broadcasters and the Host Broadcaster.

Sharing of Marketing Revenue

1) The revenue generated by the centralized marketing of the 2005 edition of the Eurovision Song Contest is shared among the Participating broadcasters (to reduce their participation fees), the host Broadcaster and the EBU. The exact basis of the sharing shall be decided by the Reference Group and the EBU Television Committee.

2) In consultation with the EBU and TEAM, the Host Broadcaster will also explore national marketing opportunities in its country which are not in conflict with the main international sponsorship or other exclusive arrangements.

The Entries

1) Each Participating Broadcaster enters a national song. The national selection procedure is decided by each Participating Broadcaster, provided that all due transparency is ensured.

2) The entry (lyrics and music) must not have been commercially released and/or publicly performed prior to 1 October 2004.

3) The maximum duration of each song is three minutes. Any entry which is longer may be disqualified by the EBU after consultation with the Reference Group.

4) Each performance may consist of a maximum of six people on stage.

5) All artists must be aged at least 16 on the day of the Semi Final.

6) Each artist performing on stage may compete for only one country in the Contest.

7) Participating broadcasters are free to decide in which language their artists will sing in.

8) Artists will perform live on stage, accompanied by a recorded backing-track which contains no vocals of any kind or any vocal imitations. The Host Broadcaster is responsible for the application of this rule.

9) Participating broadcasters may have a drum kit and/or grand piano available on stage. This request must be submitted to the host broadcaster in writing by the meeting of the Heads of Delegation held on 21-22 March 2005.

10) Participating broadcasters may also have other instruments, dummy microphones and/or stage design elements during the performance of their artist(s) for decorative purposes only. None of  these instruments and or dummy microphones will be connected to a microphone.

11) Changes to the lyrics, name of the artist or group,  title of the song and /or language of the song  (i.e. all elements which appear in printed material such as brochures, CD covers and booklets) are permitted up to  the meeting of the Heads of Delegation on 21-22 March 2005. Any changes beyond this date must be approved by the Host Broadcaster, in consultation with the EBU Executive Supervisor.

12) The lyrics and/or performance of the songs must not bring the Eurovision Song Contest as into disrepute.

Duties of the Participating broadcasters

1) Each Participating Broadcaster will ensure that its entry and artist(s) are in compliance with the Rules of the Eurovision Song Contest 2005.

2) With a view to promote the Eurovision Song Contest, participating songwriters and artists, as extensively as possible, to an international audience, each broadcaster taking part in the contest must ensure that any other possible rights owner(s) of the song entered in the Contest are prepared to grant the following transferable rights (unless permission to use any such rights is obtained from a collecting society):

a) Broadcasting Rights: worldwide exclusive rights, unlimited in time, to broadcast the performance of the song at the 2005 Contest Final, in the widest sense of the term (the technical method of signal delivery and the form of the signal display, such as large screens or video walls, being irrelevant), covering both live and deferred transmission, in whole or in part, for both private and public reception, and an unlimited number of times. It is understood that the exercise of these rights also allows the live and/or deferred Internet/wireless transmission of the Contest Final, in whole or in part, or otherwise making-available (on-demand use) of the live performance of the song at the Contest Final, via the Internet and/or wireless technology.

b) Preview Rights: worldwide exclusive rights to present a video recording of the performance of the song, in whole or in part, on television, or via the Internet or wireless technology, prior to the Semi Final and for two months thereafter.

c) CD and DVD Compilation Rights:  non-exclusive worldwide rights for incorporating a sound and/or video recording of the selected song and its performance, together with such recordings of all other songs in the 2005 Contest Final, into a CD or DVD (or similar carrier) to be released by the EBU Permanent Services, or an appointed third party, on behalf of all broadcasters and artists involved.

The compilation is limited to the performance of the songs at the 2005 Contest Final and shall not prejudice any existing or future record-producing agreement of the artist(s) or other rights owners. participating broadcaster may contract with a record company to release a compilation CD/DVD of its national contest. Both the EBU logo and the 2005 Eurovision Song Contest logo must be featured on any such authorized national compilation and reference must be made to the main title of the Contest or its approved translation (see Section Thirteen Paragraph 3)

d) Extract Rights: exclusive worldwide rights(unlimited in time) for incorporating a sound or video recording of the broadcast performance of the selected song, as part of the 2005 Contest Final, in whole or in part, into any other media services provided by the Participating broadcasters.

e) Lyrics: the song writer is required to make available free copies of the lyrics and their translation into English and French, for informational use by the EBU, the Host Broadcaster, the Participating broadcasters (possibly for subtitling), and for the information sheet accompanying any compilation CD or DVD.

f) Commentaries: commentators shall be required Participating broadcasters authorize the use of their commentary as separate soundtrack on DVD (or similar carriers).

g) Promotional material: all artists are required to authorize the use, reproduction, printing and publishing of their name, likeness, voice, photographs and biography in connection with the promotion, broadcast and/or commercial exploitation of the Contest by all means and in all media, whether now known or hereafter developed, for an unlimited period of time.

3) Each participating broadcaster will be responsible for the coverage of all other organizations concerned against any claims whatsoever arising from authors, composers, artists, publishers, producers or any other persons or entities in respect of any of the broadcasts or other uses of the songs pursuant to the foregoing rule.

4) The participating broadcaster are each responsible for promoting their respective national selection process in the national media, including promotional trailers for the 2005 Eurovision Song Contest and/or news coverage.

5) each Participating Broadcaster shall establish a national Eurovision Song Contest website for its national selection or a dedicated page within its main website no later than 16 weeks before the 2005 Contest Final.  The broadcaster shall also establish, from that national website or webpage, a link to the official website of the Eurovision Song Contest (www.eurovision.tv) and provide the address of its national website or dedicated page to the EBU Executive Supervisor.

6) To ensure transparency, each Participating Broadcaster will publish the rules of their respective national selection process on their respective national Eurovision Song Contest website or web page and if possible, on tele text pages (text-tv).

7) At least 24 hours before  the Semi Final and Final, respectively, each participating broadcaster shall publish, on its national Eurovision Song Contest website or web page, and on the teletext pages (text-tv), all the telephone numbers which shall be used in its country during the tele-voting in the Semi Final and Final.

8) Each participating broadcaster is required to book the circuits for the voting procedure, as specified by the EBU Eurovision-Operations Department, and to participate in a rehearsal of the voting procedure.

9) Each participating broadcaster will do its utmost to prevent fraudulent voting in the Contest Final. It shall give full access to any EBU international  verifiers, who may be sent to oversee all aspects of the tele-voting procedure, on any territory with no notice given. The EBU and the Reference Group shall rule on the sanctions to be imposed on a broadcaster found to have participated, either actively or complicity, in any voting fraud.

10) During the Semi Final and Final, the commentators of the participating broadcasters will need to explain the tele-voting procedures to TV audiences on the basis of information supplied by the EBU. In addition, a special local window, lasting approximately 30 seconds, is allotted to the spokesperson of each participating broadcaster during the Semi Final and Final to explain the tele-voting procedures on the basis of information given by the EBU.

11) Each participating broadcaster appoints a Head of Delegation before the meeting 21-22 March 2005. The Head of Delegation shall be responsible for:

  • the national entry, including delivering all material requested by the EBU and the host broadcaster in due time;
  • ensuring that the Rules of the 2005 Eurovision Song Contest are respected;
  • supervise the national delegation, which consist of 25 accredited persons.

12) Each head of delegation must attend the meeting scheduled to take place on 21-22 March 2005. The head of delegation is the point of contact between the EBU and/or the host broadcaster and the other Participating broadcasters and as such is fully responsible for all aspects of its organization's participation.

13) Each participating broadcaster will  provide the host broadcaster, with all the following:
a) the signed contract for the CD/DVD compilation together with all the material requested by the record company (DAT, pictures of the artists in hard copy and jpeg, lyrics, biographies, etc.)

b) A sound recording of the entry and the corresponding backing-track (which shall contain no vocals of any kind or any vocals imitations), where applicable.

c) A video presentation of the song on stage by the artist(s) (for internal use by the director, clearly showing how the song will be performed live.

d) A video clip of the song, on Digi-beta, Beta SP or SX tape, The Host Broadcaster will edit and copy the tapes for distribution to the participating broadcasters. The exact date of such distribution shall be decided during the meeting of the Heads of Delegation by the EBU and the Host Broadcaster. Each Participating Broadcaster is encouraged to air the previews in advance of the Contest Final.

e) A list of any requirements or requests with respect to instruments, props, etc.

f) The lyrics of the song in the language in which it will be sung at the 2005 Contest  together with English and French translations for duplication and distribution.

g) Name, function and contact details of the notary who will collect, check, certify and send the results of the Jury voting.

h) Biographies (with English and French translations, as applicable), pictures of the artist and any relevant material. The participating broadcasters will provide articles and/or news bits , as much information and as many pictures as possible for, inter alia, publication on the official website of the Eurovision Song Contest.

14) Each participating broadcaster must control all applications for accreditation by bona fide journalists of its country.

15) Each Participating Broadcaster shall ensure that its delegation and its artist(s) arrive in Kyiv in due time in order to be able to participate in its first rehearsal on stage as scheduled by the host broadcaster.

16) Each participating broadcaster makes recordings of the final dress rehearsals of the Semi Final and Final. These shall be replayed by the participating broadcasters in case problems occur with the live transmissions.

17) The participating broadcasters are in charge of making sure that their commentators respect the spirit and fairness of the competition; meaning that commentators are expected to refrain from talking during the performance of the songs and from urging the audience to vote for, or not to vote for, any particular song. Commentators cannot make any sexist, racist or otherwise unduly discriminatory comments about the artists.

18) The participating cooperate with the EBU and the host broadcaster to actively support and conform to the centralized marketing programme.

Where requested by the EBU Executive Supervisor, subject to the relevant media laws and regulations, each participating broadcaster shall honour all sponsorship arrangements, including the placement and the broadcasting of billboards, bumpers, stings and branded trailers, etc, for the official marketing partners and suppliers, free of charge, in and around transmissions of the Semi Final and the Final, and any other international programmes related to the Eurovision Song Contest that may be produced.

The relevant material shall be provided by the marketing partners/suppliers, or by TEAM, on behalf of the EBU. This relates to the Eurovision Song Contest event only, and not to national selection programmes.

a) If an official marketing partner or supplier decides not to buy any or all of the commercial air-time, the participating broadcaster is free to sell any or all of it to another company, provided that the latter does not operate in conflict with the official marketing partners or suppliers. In order to prevent possible conflicts, however, the EBU Executive Supervisor, however, must advise the participating broadcasters before any commercial air-time sales agreements are made and/or signed.

e) The EBU, which owns the merchandising and licensing rights to the Eurovision Song Contest has granted these to an official partner. Participating broadcasters wishing to market merchandising products other than those produced by the official EBU partner on their territory must seek the prior written authorization of the EBU.

g) Each participating broadcaster comply with the EBU's instructions pertaining to on-screen inclusion of sponsorship billboards.

19) Each participating broadcaster will provide the EBU Permanent Services with all information on the 2005 Eurovision Song Contest, including:

a) viewing figures for both the Semi Final and Final; within 48 hours of the Final

b) an off-air VHS recording of the broadcasts of the Semi Final and Final within two weeks of the national broadcast of the Final.

Duties of the Host Broadcaster

The duties of the Host Broadcaster vis-à-vis the Participating Broadcasters and the EBU regarding the organization and the production of the Eurovision Song Contest are laid down in the "Host Broadcaster Agreement".

Duties of the EBU

1) The EBU has appointed an Executive Supervisor with direct responsibility for overseeing and guiding all aspects of the financial, organizational, and creative planning and execution of the 2005 Eurovision Song Contest. He works closely with the Host Broadcaster to support all aspects of the national planning and production and is a member of the Reference Group.

2) Together with the Host Broadcaster, the EBU is responsible for ensuring that the previews are distributed to the participating broadcasters.

3) The EBU is responsible for ensuring that the international transmissions of the Semi Final and Final do not breach any national laws. The EBU also makes sure  that participating broadcasters grant the agreed sponsorship and advertising exposure to the marketing partners and suppliers of the Contest.

4) The EBU, in consultation with the Reference Group and in cooperation with TEAM is responsible for the marketing of all commercial exploitation rights of the event.

5) The EBU is responsible for all aspects of the branding of the 2005 Eurovision Song Contest, following approval of the Reference Group.

6) With the help of TEAM the EBU is responsible for gathering market information on the 2005 Contest Final to help boost the possibilities for pan-European sponsorship of subsequent editions.

7) The EBU shall create and administer the international website for the 2005 Eurovision Song Contest and thereafter. The cost of establishing and maintaining the website shall be borne by the EBU.

8) The EBU shall, in cooperation with TEAM, be responsible for coordinating all sales of the 2005 Contest Final to non-participating broadcasters, for the financial benefit of participating broadcasters and the host broadcaster.

9) The EBU will produce, in cooperation with TEAM, an international highlights tape of the 2005 Eurovision Song Contest to be used for commercial, promotional and sales purposes.

10) The EBU appoints the international monitors, who may be sent to oversee all aspects of the tele-voting procedure on any territory, with no notice given.

11) The EBU Executive Supervisor oversees voting throughout the Contest Final. He is also responsible for making any decisions during the course of the voting and for giving any instructions deemed necessary  to the presenter(s) and the scoreboard operator(s).

12) The EBU will collate and poste all the votes announced during the Contest on the official Eurovision website. The unused Stand-by Jury results are kept confidential by the EBU.

13) The EBU in charge of managing the archives of the 2005 Eurovision Song Contest.

Voting Procedure for the Semi Final and Final

1) For both the Semi Final and Final, tele-voting is obligatory in all countries of the participating broadcasters. (The Reference Group may make an exception to the compulsory tele-voting rule, only in countries where the telecommunication network does not ensure that at least 80% of the population of the country stands an equal chance of successfully calling in and may allow voting by Jury in accordance with the rules below.

2) SMS voting may be obligatory in countries where the pan-European marketing partner for the tele-voting can ensure that all votes charged for can also be counted within a given time-frame.

3) Participating broadcasters shall actively use and promote the tele-voting system within their respective countries and cooperate with the appointed marketing partners in accordance with EBU instructions. These may include on-screen instructions to viewers.

4) Participating broadcasters shall use the graphics supplied by the Host Broadcaster for presenting the tele-voting system on air, to the public.

5) The pan-European marketing partner for the tele-voting shall, together with its affiliate, negotiate with each Participating Broadcaster individually, regarding the national aggregator for the tele-voting procedure and the national voting tariffs, taking into account the suggestions of each Participating Broadcaster. National rules or rules concerning the broadcasters themselves shall be taken into account when the tariffs are set. Such tariffs must not be lower than the usual tariffs used by the Participating Broadcaster in other similar television shows, such as the national selection programme.

If a marketing partner for the tele-voting is not appointed by the EBU for some or all countries, the Participating broadcasters in those countries will be able to enter into national arrangements for tele-voting with a service provider of their choice. However, no branding or sponsorship rights may be granted to that service provider.

The following guidelines must be followed:

a) There shall be a fixed voting window of ten minutes, the duration thereof being subject to a final decision by the Reference Group, with the lines opening and closing at exactly the same time in all countries where the tele-voting actually takes place.

b) Voters cannot vote for the national entry of their country of residence, and this must be made known to them.

c) The telephone lines provided to receive calls must be  accessible by any of the numbers being rung. The telephone network must ensure that at least 80% of the population of the country stands an equal chance of successfully calling in to vote.

d) In each country, the cost of televoting or the rate at which calls are charged must be the same for all voters (e.g. the use of a national premium-rate code or other non-geographic code shall ensure this).

6) Each Participating Broadcaster will appoint a Stand-by Jury, whose votes will be used in case of a technical or similar failure during the tele-voting procedure. The EBU Executive Supervisor will decide, during the programmes, whether the Stand-by Jury votes will be used. In particular, he may decide to use such votes if an insufficient number of calls has been registered in any given participating country.

7) In any country where the EBU, in consultation with the Reference Group, makes an exception to the compulsory tele-voting rule (as a result of telecommunications penetration being less than 80%) a Jury shall vote for the Semi Final and/or Final. The composition of the Jury may be the same for both events. If such a Jury is appointed, no Stand-by Jury shall be required.

8) The following rules apply to all Juries:
a) Each Jury will consist of eight members plus a (non-voting) chairperson. The members must be nationals of the country of the Participating Broadcaster which has appointed them.

b) Four members of each Jury must be representatives of the public, while the other four shall be professionals from the music industry. There should be an equal number of men and women on each Jury, ranging from different age groups.

c) Only one of the four music professionals is allowed to be connected with a record company or music publisher.

d) The names of the members of the Jury may not be disclosed until the end of the Final.

e) Each Jury shall assemble in its own country on the day of both the Semi Final and Final to view sequences of the final dress rehearsal of each song and shall then vote thereon in accordance with instructions issued by the EBU.

f) Each Jury member of each Jury shall award votes from one to ten to each song, excluding the song presented by the Participating Broadcaster of its own country and shall register his votes for each song as soon as it has been sung, on secret voting papers which shall be collected by the chairperson. Abstentions are not allowed.

g) The chairperson shall be responsible for counting the votes awarded to each song, and for determining the points that will be awarded. The chairperson shall allocate 12 points to the song having obtained the highest number of votes, 10 points to the song having obtained the second highest number of votes, 8 points to the song having obtained the third highest number of votes, 7 points to the next, and so on down to 1 point for the song having obtained the tenth highest number of votes.

h) In the event of a tie for any of the above positions, the order of the tying songs shall be ascertained by a show of hands by the Jury members. If there is still a tie after the show of hands, the final order shall be decided by the vote of the youngest member of the Jury.

i) Each Jury's deliberations shall be monitored by a notary, whose task shall be to:

  • ensure compliance with the voting rules;
  • collect, check and certify the completed voting papers established by the chairperson in accordance with point g) above;
  • send by fax all the certified voting papers to the pan-European marketing partner for the tele-voting. Respect for this provision shall be the responsibility of the Participating broadcasters. The exact time for sending these papers shall be communicated to the Participating broadcasters at a later stage by the EBU Executive Supervisor.

9) The pan-European partner for the tele-voting shall forward to the official spokesperson of each Participating Broadcaster the final points that the spokesperson shall announce on-air, when requested to do so by the Host Broadcaster's presenter.

Presentation of the Voting Results for the Semi Final and Final

1) When called upon to announce its results, which must be done clearly and distinctly in English or in French, the spokesperson of each Participating Broadcaster shall first state the name of the country on behalf of which he is speaking and then announce the points allocated to each song in ascending order.

2) The anticipated order of presentation of the results shall be decided upon by the Reference Group and be presented at the latest during the meeting of the Heads of Delegation on 21-22 March 2005.

Disqualification Procedure and Sanctions

1) A song may be disqualified for the following reasons:

a) if there is evidence that an artist, a member of the delegation or a spokesperson has not complied with the requests of the Host Broadcaster and/or the EBU Executive Supervisor and may therefore cause disturbance to the event and/or the broadcast productions.

b) if the artist(s) depart(s) from the planned performance as performed at the dress rehearsals, and thereby cause(s) disturbance to the event and/or the broadcast productions.

c) if a participating organization/artist(s) has in any way attempted to breach the present Rules at any stage of the preparation of the Contest, or is about to do so during the Contest Final itself.

2) The decision to enact disqualification is taken by the Reference Group, on the recommendation of the EBU Executive Supervisor. If the disqualification procedure concerns a country represented by a member of the Reference Group, that member shall not be allowed to vote on the disqualification decision, and to take part in the deliberations.

a) If the disqualification of a song is decided upon before the meeting of the Heads of Delegation on 21-22 March 2005, the Participating Broadcaster shall be entitled to propose another song and to submit all related material by the date specified by the Reference Group.

b) If disqualification of a song is decided upon after 22 March 2005, but before the day of the Semi Final, the Participating Broadcaster concerned shall not present its entry but shall remain entitled to vote and liable to pay its final participation fee. However, time permitting, the Participating Broadcaster shall have the right to appeal against the decision to the Chairman of the Television Committee and, if she cannot be reached, to the Secretary General of the EBU.

Any decision taken in accordance with the above-mentioned procedure shall be final, and no legal remedy shall be possible.

3) A Participating Broadcaster may be sanctioned, and even excluded from subsequent Contest Finals, if it:

a) does not comply with the present Rules
b) withdraws from the 2005 Contest Final after 15 December 2004
c) does not submit a fax of its Jury's results in accordance with the Rules.

4) Any sanctions shall be pronounced by the Television Committee, following a recommendation by the Reference Group. Sanctions shall be proportionate to the damage or prejudice caused to the EBU, the Host Broadcaster, the Participating broadcasters and/or the organization or the reputation of the Eurovision Song Contest and shall compensate the prejudice caused thereto. In addition, the Participating Broadcaster at fault may be asked to pay for a fine (depending on the seriousness of the breach) of its final participation fee. No exclusion shall be for more than three successive editions of the Eurovision Song Contest.

The Participating Broadcaster shall have the right to appeal against sanctions to the EBU Administrative Council. Any sanction taken in accordance with the above-mentioned procedure shall be final, and no legal remedy shall be possible.

The Winners of the 2005 Contest Final

1) The winners of the Semi Final are the ten countries with the most points at the end of the voting procedure. They each win a place in the Final alongside the 14 countries specified in Section One Paragraph 3. The running order of the Final is decided upon by a draw held by the Host Broadcaster during the meeting of the Heads of Delegation. The winner of the Final is the song with the most points at the end of the voting procedure.

2) Should there be a tie for first place in the Final, the winner shall be the song which has obtained points from the highest number of countries. If the tying songs received votes from the same number of countries, then the highest number of 12-point scores shall be decisive. If the winner cannot be determined by this procedure, then the number of times ten points have been awarded shall be the deciding factor; if necessary, this method shall continue until account has been taken of the number of times one point has been awarded. The same method shall be applied if there is a tie for position number ten in the Semi Final.

3) Should two or more songs receive exactly the same number of calls in a given country, the results of the Stand-by Jury shall then be used to determine their respective ranks (i.e. the song having obtained the most votes from the Stand-by Jury shall be ranked above the other). If these songs have received no votes from the Stand-by Jury, their ranks shall be determined by a draw to be held by the pan-European marketing partner for the tele-voting under the supervision of the EBU Executive Supervisor.

4) Should two or more songs still tie for first place, even after the above calculations, both/all such songs shall be declared joint winners of the Eurovision Song Contest.

5) The final result shall be announced immediately, and the transmission of the Final shall end with a further performance of the winning song or songs.

6) The winning song shall give the Participating Broadcaster the right for its country to host the Contest Final in 2006 in accordance with the corresponding rules and regulations.

7) Should two or more songs tie for first place, the location of the Contest Final in 2006 shall be subject to agreement between the Participating broadcasters concerned, the EBU and the Reference Group.

8) The song writer(s) and the artist(s) of the winning song(s) shall receive Eurovision Song Contest Trophies.

Broadcasting and other Uses of the Contest Final

1) The Semi Final and Final shall both be broadcast live in their entirety by each Participating Broadcaster.

The 14 Participating broadcasters which are not competing in the Semi Final may choose to broadcast the Semi Final on one of their national secondary channels. The Participating broadcasters competing in the Semi Final shall broadcast it live on one of their main national terrestrial channels.

The Final shall be broadcast live by each Participating Broadcaster on one of its main national terrestrial channels.

In addition, the Participating broadcasters may broadcast the Semi Final and Final live or deferred on their own wholly-owned radio, digital, or satellite channels (in accordance with the EBU Rules on the Sharing of the Eurovision Signal), and/or deferred on a wholly-owned website. Upon request to the EBU, non-participating broadcasters may also be granted such additional rights, subject to payment of an additional licence fee.

Participating broadcasters are also entitled to broadcast both the Semi Final and Final on their 100%-owned digital or satellite television channels (including their international channels) simultaneously with the live broadcasts on their terrestrial channels without any editorial changes (i.e. including commentary, tele-voting information, etc.) and on any of their radio channels.

2) Live webcasting of the Contest Final shall be reserved exclusively for the official Eurovision Song Contest website, to which Participating broadcasters may provide a link on the same evenings. The EBU shall attempt to make Participating broadcasters individual commentaries available in conjunction with that live stream, through the official website. All previews may also be made available on each Participating Broadcaster's website, in addition to the official website of the Eurovision Song Contest. However, if the sound recording is made available separately from the audiovisual recording, only the use of extracts (of a maximum of 30 seconds per song) is allowed.

3) The main title of the Contest is the "2005 Eurovision Song Contest". It shall be used by all broadcasters, although a broadcaster may instead use a translation into its national language once that translation has been approved by the EBU Executive Supervisor. In case of such approval, the main title need not be used. Broadcasters are also entitled to have a minor title under the main title, using the name by which the Contest has been known in recent years.

4) All broadcasters shall transmit the Eurovision signature tune and logo and the 2005 Eurovision Song Contest logo at the start and end of the programme. The duration thereof shall be subject to the approval of the EBU Executive Supervisor.

5) Subject to Paragraph 1) above, all Participating broadcasters have the exclusive right, on their territory, to broadcast the 2005 Contest Final in its entirety, as many times as desired for 30 days following the Final, including any celebrity act. In the ensuing 11 months the Participating broadcasters shall have the right to broadcast the programmes twice more, subject to continued compliance with these Rules (including the provisions relating to branding and sponsorship/marketing). If any celebrity acts are part of the production, an exclusion of such acts from the above-mentioned rights may have to be made, in which case this shall be notified in writing by the EBU to all Participating broadcasters.

6) All Participating broadcasters are also entitled to use extracts from the 2005 Contest Final during the 12 months following the Final for any type of programme and on any medium (including the Internet) as long as no more than two minutes from any song are used and any celebrity acts are excluded. Thereafter, without any limitation in time, these rights are limited to eight minutes' total duration (and no more than two minutes per song) in any of their television programmes.

7) Without prejudice to the other rules in this Section, all broadcasting and other media rights to the 2005 Eurovision Song Contest are exclusively owned by the EBU, to be managed centrally by the EBU on behalf of the Participating broadcasters. After the 12 months following the Contest Final, Participating broadcasters wishing to insert any material from the 2005 Contest Final, other than the extracts mentioned under Paragraph 6) above, in any of their programmes may be allowed to do so, free of charge, provided that they obtain the prior written permission of the EBU.

8) The previous rule does not prevent any Participating Broadcaster from invoking any or all rights, and particularly copyright and neighbouring rights, which it enjoys under its national legislation with a view to preventing or prohibiting the unauthorized use of its own broadcasts of the Contest Final or any parts of such broadcasts, such as individual scenes or images, by third parties.

9) Within the limits specified under Paragraphs 5) and 6) above, any Participating Broadcaster shall be entitled to sell any footage from the 2005 Contest Final to any third party within its territory only. Any breach of this rule may result in the disqualification of its entry from the Contest Final and/or denial of access to the live transmission, and/or exclusion from subsequent editions.

10) Non-participating (radio or television) broadcasters, from countries where rights remain available, may purchase the right to broadcast the 2005 Contest Final on their territory upon payment of a rights fee, and may also request the right to send a commentator, and/or a production team, to the event (depending on the facilities available). These sales shall be coordinated by the EBU. Non-participating EBU Members shall have the right of first refusal on their territory.

11) Any broadcaster which does not hold any media rights shall be granted, upon request to the EBU, a total of two minutes' news access from each of the two evenings of the 2005 Contest Final, free of charge for use in regularly-scheduled news bulletins.

12) Non-participating broadcasters are not allowed to broadcast any material from the 2005 Contest Final (rehearsals/preparations, etc.) without the prior written permission of, and possible payment of a rights fee to, the EBU. Similarly, no commercial or non-commercial entity shall use the logo or other distinctive elements of the 2005 Contest Final without the prior written permission of the EBU.

Final Provisions

1) By entering a song for the Contest Final each Participating Broadcaster accepts the present Rules, which apply to the 2005 Eurovision Song Contest as a whole.

2) The present Rules are drawn up in English and in French. In case of dispute, the English version of these Rules shall prevail.


15 Extension of “Rules of the 2005 Eurovision Song Contest”

Tie Situations in the Contest Semi Final Result

The procedure for a fair resolution of tie situations is defined in the Rules of the 2005 Eurovision Song Contest, sec. 12 “The Winners of the 2005 Contest Final”,
§2: Should there be a tie for first place in the Grand Final, the winner shall be the song, which has obtained points from the highest number of countries. If the tying songs received votes from the same number of countries, then the highest number of 12-point scores shall be decisive. If the winner cannot be determined by this procedure, then the number of times ten points have been awarded shall be the deciding factor; if necessary, this method shall continue until account has been taken of the number of times one point has been awarded. The same method shall be applied if there is a tie for position number ten in the Semi-Final. 

Extension of this rule for the Semi Final
In the very unlikely case that after applying the above procedure there is still a tie, and the tying countries overlap qualifying ranks (ranks 1 – 10) and non-qualifying ranks (ranks 11 – 25), the tie is resolved by use of the running order of the Semi Final. If a country A comes before a country B in the running order, the rank number of country A is smaller than that of country B.

The running order of the Semi Final was decided upon by a draw held by the Host Broadcaster during the meeting of the Heads of Delegation in Kiev on March 22nd, 2005. Example: Consider that after applying the tie resolution procedure country A and country B are still on rank 10. Only one of both countries can be assigned rank 10 to qualify for the Grand Final. If the running order of country A comes before country B, country B is on rank 10 and country A on rank 11.

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