5. GENERAL TERMS AND REGULATIONS: By participating in this Challenge, entrants: (i) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters, (ii) grant Sponsor and its designees the right, unless prohibited by law, to use their names, cities and states of residence, voices, pictures, biographical information, performances, Submissions (including video), Footage and likenesses, without compensation, notification or permission, for the purpose of advertising and publicity in any and all manner or media, now or hereafter known, throughout the world in perpetuity, including, without limitation, on a Show, (iii) represent and warrant the Submissions contain their actual singing, (iv) represent and warrant that they are not participating in the Challenge in the capacity of a reporter and further represent and warrant that they will not write, blog about, publish or cause to be published any article or book about their participation therein or attendance at the Shows (if applicable), and (v) acknowledge and agree that Sponsor will own and administer 100% of the copyright and other property rights in all Submissions made (excluding any underlying songs), with the perpetual right to use such Submissions without permission or compensation (and that entrants will sign any paperwork transferring such copyright and other rights to Sponsor). Sponsor will own the Submissions made (including the videos and all rights embodied therein (excluding the underlying songs)), and Sponsor and its designees may exploit, edit, modify, and distribute the Submissions and all elements of such Submissions (including the videos), including, without limitation, the name and likeness of the participant and locations embodied therein, in any and all media, now or hereafter known throughout the world in perpetuity without limitation at no additional notification or permission to participants. In addition, participants forever waive and relinquish all so-called "moral rights ("droit moral") now or hereafter recognized.
Released Parties are not responsible for and will be held harmless from liability for any injury, disability or loss to any person or property (including allergic reactions and/or death) relating to participation in this Challenge (including the manner in which the Semi-Finalists, Finalists and Winner are selected), the delivery and/or subsequent acceptance, use or misuse of any of the awards provided (including any travel or activity related thereto), the use of any Submission, and claims based on copyright, trademark, publicity rights, defamation, invasion of privacy. Released Parties are not responsible for: (i) any loss (financial or otherwise), liability, injury (including death) or damage to persons or property which may be caused directly or indirectly, in whole or in part, by acceptance or use of the awards provided including any travel or activity related thereto), or (ii) any loss (financial or otherwise), injury or damage to persons or property which may be caused directly or indirectly, in whole or in part, from downloading any material from the Website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to the Website by a hypertext link. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Challenge. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Challenge or downloading materials from or use of the website. Released Parties further assume no liability either for the cancellation, modification or premature conclusion of the Challenge for any reason or through the acts or defaults of any company or person providing any award.
6. PARTICIPATION TERMS AND/OR WINNER’S NAME REQUESTS: For a copy of the Participation Terms (available starting on October 5, 2009) and/or the Winner's name (available starting on November 24, 2009), either log on to the Website or send a self-addressed, stamped envelope to the following address: (Please specify "Participation Terms" and/or "Semi-Finalists' List") Oprah's Karaoke Challenge, c/o Oprah.com 110 N. Carpenter St., Chicago, IL 60607. Requests received after December 31, 2009, will not be honored. Vermont residents may omit return postage on participation terms requests.
7. SPONSOR: Harpo Productions, Inc., 110 N. Carpenter St., Chicago, IL 60607. Activision is a promotional partner only.
© 2009 Harpo Productions, Inc. All Rights Reserved.