1. NO PURCHASE NECESSARY TO ENTER OR WIN.Purchase will not improve your chances of winning. Oprah's Karaoke Challenge ("Challenge") is only open to legal residents of the 50 United States and the District of Columbia, age 18 years or older, except employees, officers, directors, and agents of Harpo Productions, Inc., ( the "Sponsor"), Activision Publishing, Inc. ("Activision") and their respective parents, subsidiaries, franchisees, advertising or promotion agencies, affiliated entities, and each of their immediate families (parent, child, spouse or sibling, and their respective spouses, regardless of where they reside) or household members, whether or not related. Void wherever prohibited or restricted by law. Contest is not open to persons who are professional singers or who are currently a party to a contract with any record, production or other company, or who are currently a member of a talent union or guild which would require payment in connection with such person's participation in this Challenge. Challenge is subject to all applicable federal, state and local laws and regulations and shall be governed by Illinois law, without giving effect to any choice of law rules. By participating in the Challenge, participants: (i) agree to accept and be bound by all terms of these Participation Terms, and (ii) agree that Illinois courts have jurisdiction over any dispute or litigation arising from or relating to the Challenge and that venue shall only be Chicago, Illinois.
2. HOW TO PARTICIPATE: From 3 p.m. Central Time ("CT") on Saturday, September 5, 2009 through 11:59 p.m. CT on Monday, October 19, 2009 (the "Promotional Period"), there are two (2) ways to participate:
(1) Online: From 9:00 a.m. CT on Monday, October 5, 2009, until 11:59 p.m. CT on Monday, October 19, 2009, (the "Online Submission Period"), eligible participants will be able to go online to upload a video of no more than two (2) minutes in total length of themselves singing karaoke (each, collectively, with the application form, the "Online Submission"). To make an Online Submission, participants must log on to the Challenge page of the Oprah.com website (the "Website") located at www.oprah.com/sing, during the Online Submission Period and complete and submit the application form according to the on-screen instructions, including their full name, complete address, daytime telephone number (area code included), e-mail address, and date of birth and upload their video. Videos must be no larger than one hundred (100) megabytes in size and in one of the following formats to be eligible: MPEG-2 (.mpg), MPEG-4 (.mpg or mp4), 3GP (3gp), AVI (.avi) or h.264 (.mp4). To be eligible, all Online Submissions must be received by 11:59 p.m. CT on Monday, October 19, 2009.
(2) Field Shoots: From Saturday, September 5, 2009, through Monday, October 19, 2009, (the "Field Shoot Submission Period"), Sponsor will have its representatives shooting videotape of people singing karaoke nationwide at various events and at Harpo Studios in Chicago (the "Field Shoot Submissions") (the "Online Submissions" and "Field Shoot Submissions" shall collectively be referred to as the "Submissions"). Videotaping will occur on a first come, first serve basis, and Sponsor does not guarantee the opportunity to be videotaped at any event.
All Submissions must be submitted in the name of the participant only. All songs must be sung in English, may not contain any explicit, obscene or offensive lyrics, and all videos must feature only the participant singing karaoke. Entrants MAY NOT utilize live props, which would include dancers or animals. Non-human props such as costumes and other accessories are permitted. Limit one (1) Submission per e-mail address for the entire Promotional Period, regardless of method of participation. Submissions from any person or e-mail address in excess of the stated limitation will be void.
All duplicate Submissions shall be deemed void. All Submissions will become the property of Sponsor and will not be acknowledged or returned. No Submissions generated by script, macro or other automated means or Submissions by any means which subvert the participation process will be accepted by Sponsor and any such Submissions will be deemed void. ADDITIONAL REQUIREMENTS OF SUBMISSIONS: Submission may not contain, as determined by the Sponsor, in its sole discretion, any content that:
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
promotes any activities that may appear unsafe or dangerous;
is obscene or offensive; endorses any form of hate or hate group;
defames, misrepresents or contains disparaging remarks about other people or companies;
contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
contains any individuals other than the participant
contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;
communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
violates any law.
Submission must be the original work of the participant (with the exception of the song), may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By making a Submission, participants warrants and represents that he/she consents to the submission and use of the Submission in the Challenge and to its use as otherwise set forth herein.
GENERAL: Sponsor and its parents, subsidiaries, franchisees, advertising and promotion agencies, award providers and affiliated entities and each of their respective employees, directors, officers, and agents (collectively, the "Released Parties") are not responsible for misdirected, inaccurate, incomplete, garbled, stolen, lost, late, delayed, undelivered or damaged Submissions or recordings, and all such Submissions will be deemed void. Released Parties are not responsible for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Challenge. Released Parties are also not responsible for technical, hardware, or software failures of any kind, or other errors or problems which may occur in connection with or relating to the Challenge, whether computer, network, technical, mechanical, electronic, printing, typographical, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the Challenge, the processing and judging of Submissions, the tabulation of votes, the announcement of the semi-finalists, finalists and the winner, the incorrect uploading and/or recording of any video or any problems related thereto, the cancellation or postponement of any event, in any Challenge-related materials or that may limit award fulfillment or a participant's ability to enter the Challenge. Sponsor reserves the right, in its sole discretion, to cancel, modify or prematurely conclude the Challenge for any reason, including should any computer virus, bug, worm, malfunction, fraud, tampering, unauthorized intervention or other cause corrupt the administration, security or proper operation of the Challenge and, in the event of cancellation, Sponsor reserves the right to select all semi-finalists, finalists and/or winners from among all eligible Submissions using the judging and voting procedure outlined in these Participation Terms. False or deceptive Submissions or acts will render the participant ineligible and Sponsor reserves the right to disqualify any participant who attempts to undermine the legitimate operation of the Challenge by tampering with any Website mechanism, acting in a disruptive manner or violating these Participation Terms (and void all associated Submissions). CAUTION: Any attempt by an individual to deliberately damage the Website or undermine the legitimate operation of the Challenge may be in violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such participant to the fullest extent of the law, including criminal prosecution.
3. SEMI-FINALIST SELECTION: On or around October 26, 2009, a panel of judges comprised of representatives of Sponsor will select eight (8) semi-finalists, subject to verification of eligibility and compliance with these Participation Terms (individually, a "Semi-Finalist" and collectively, the "Semi-Finalists") from among: all eligible Submissions received based equally upon the following criteria: (i) overall stage presence, (ii) choice of song selected, and (iii) vocal ability. The decisions of the judges will be final and binding on all participants in all matters related to the Challenge. In the event of a tie, an additional "tie-breaker" judge will determine the Semi-Finalist(s) from among all such tied Submissions using the judging criteria above. Sponsor reserves the right to invite Challenge participants who are not deemed Semi-Finalists to attend the Show as audience members.
SEMI- FINALIST NOTIFICATION: Potential Semi-Finalists will be notified by Sponsor within five (5) business days of the date of the judges' decision via either the telephone number or e-mail address provided on the applicable Submission and will be required to execute and return an Affidavit of Eligibility and Liability Release, a tax acknowledgment form and any other documents required by Sponsor. Each potential Semi-Finalist must reply within five (5) days of date of notification either via email or by calling the phone number provided upon award notification and must execute and return all documents required by Sponsor within three (3) days of date of issuance, or Semi-Finalists status will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate Semi-Finalist will be selected. If any Semi-Finalist is at least 18 but still considered a minor in his/her jurisdiction of residence, Semi-Finalist Award will be awarded in the name of his/her parent or legal guardian, and such parent or legal guardian will be required to fulfill all requirements imposed on Semi-Finalists set forth herein and accompany such Semi-Finalist on Show as his/her Travel Companion (as defined below); however, only Semi-Finalist (and not his/her parent or legal guardian) will perform on Show (as defined below) if he/she is required to do so. All Semi-Finalists must be available to travel on dates specified by Sponsor (as described below). In the event any potential Semi-Finalist does not comply with these Participation Terms or is not able to travel on the dates specified by Sponsor, his/her Semi-Finalist status will be forfeited and, at Sponsor's sole discretion and time permitting, an alternate Semi-Finalist will be selected.
4. SEMI-FINALIST AWARDS (UP TO 11 BETWEEN ROUNDS I AND II): At least one (1) trip for two (2) nights/three (3) days for two (2) (Semi-Finalist and a Travel Companion) to Chicago, IL (the "Trip"), depending on how far a Semi-Finalist advances in the Challenge. Approximate Retail Value ("ARV") of each trip: is Five Thousand Dollars ($5,000.00) for a Semi-Finalist who lives more than two hundred (200) miles from Chicago, IL and One Thousand One Hundred Dollars ($1,100.00) for a Semi-Finalist who lives two hundred (200) miles or less from Chicago, IL. If any Semi-Finalist lives more than two hundred (200) miles from Chicago, IL, each Trip shall include the following, all selected by Sponsor in its sole discretion: (i) round-trip, coach class air transportation (including taxes) for Semi-Finalist and his/her travel companion (the "Travel Companion") from the major U.S. gateway airport nearest the Semi-Finalist's residence to Chicago, (ii) hotel accommodations (one (1) room, double occupancy (including room taxes)) for two (2) nights at a hotel in Chicago, IL, (iii) the opportunity for Semi-Finalist and his/her Travel Companion to attend at least one (1) taping of The Oprah Winfrey Show (the "Show") in November 2009, (iv) the opportunity for the Semi-Finalist to perform one (1) karaoke song on at least one (1) episode of the Show as part of his/her participation in the Challenge (as described below), (v) round trip ground transportation for Semi-Finalist and his/her Travel Companion between the airport and the hotel in Chicago, and (vi) round trip ground transportation for Semi-Finalist and his/her Travel Companion between the hotel and the Show taping in Chicago. If a Winner lives two hundred (200) miles or less from Chicago, IL, each Trip shall include the following, all selected by Sponsor in its sole discretion: (i) ground transportation for Winner and Travel Companion to/from his/her place of residence and Chicago, IL, (ii) two (2) nights of hotel accommodations (one (1) room, double occupancy (including room taxes)), at a hotel in Chicago, IL of Sponsor's choice, (iii) the opportunity for Winner and his/her Travel Companion to attend at least one (1) taping of the Show in Chicago in November 2009, (iv) the opportunity for the Semi-Finalist to perform one (1) karaoke song on at least one (1) episode of the Show as part of his/her participation in the Challenge, and (v) round trip ground transportation for Winner and his/her Travel Companion between the hotel and the Show taping in Chicago. TOTAL MAXIMUM ARV OF ALL AWARDS: Up to Fifty-Five Thousand Dollars ($55,000.00). Sponsor does not guarantee any Semi-Finalist's appearance on any Show. AWARD CONDITIONS: No substitutions, partial acceptance, transfer of awards or cash redemptions permitted by Semi-Finalists. ARV of award may vary based upon each Semi-Finalists city of residence. Any difference between stated value and actual value will not be awarded. Sponsor reserves the right to substitute the award (or portion thereof) with one of comparable or greater value for any reason whatsoever. Each Semi-Finalist is solely responsible for all expenses associated with award acceptance and use not expressly specified in these Participation Terms as being provided, including meals, incidentals, tips, telephone calls, souvenirs, dry cleaning, laundry, additional ground transportation, baggage/luggage charges, or other personal expenses or charges incurred during the Trip. All travel arrangements must be made through Sponsor's agent on a carrier of Sponsor's choice. Airline carrier's regulations and conditions apply. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Certain restrictions may apply and no refunds or credit for changes are allowed. Winner and his/her Travel Companion must travel together on the same itinerary from the same airport and are solely responsible for obtaining all necessary travel documents (eg: photo ID) prior to travel. Travel arrangements (including seat selection and timing of Trip) and dates are subject to availability and confirmation of reservations. Trip must be taken and completed on dates specified by Sponsor or else it shall be forfeited in its entirety and Sponsor shall have no further obligation to such Semi-Finalist. Travel dates are subject to change, at Sponsor's sole discretion. In the event Sponsor is unable to provide for any Semi-Finalist to attend the taping of the Show for whatever reason, or in the event any Semi-Finalist is not allowed to perform on the Show for any reason, no compensation or substitution will be provided, however, the remainder of award package will be awarded. In the event Sponsor determines that the behavior of the Semi-Finalist and/or his/her Travel Companion is inappropriate or dangerous, in Sponsor's sole discretion, and precludes them from attending the taping of the Show, such portion of award will be forfeited and Sponsor will have no further obligation to such Semi-Finalist. Certain travel restrictions may apply. Semi-Finalist is solely responsible for the reporting and payment of all federal, state and local taxes incurred by acceptance and use of an award (or any portion thereof), if applicable. Actual video featured on the Show may vary in some respects from the video Semi-Finalist included in his/her Submission. Semi-Finalists will receive no additional compensation or royalty for appearing on the Show and/or having their videos aired on the Show and no approval will be required with respect to the video and/or appearance on the Show. Sponsor does not guarantee the airing of the video and Semi-Finalists will not have or make any claim resulting from such non-airing. Each Travel Companion must be of legal age of majority in his/her jurisdiction of residence (and at least 18) and will be required to execute and return a Liability and Publicity Release (where lawful) and any other documents required by Sponsor. Semi-Finalists and Travel Companions agree to comply with all studio and Show rules and regulations. Failure to do so may result in forfeiture of such portion(s) of award. Seat locations will be determined by Sponsor. All award details are at Sponsor's discretion.
Each Semi-Finalist grants the right to Sponsor and its designees to record, videotape, and photograph any interviews and any performances of such Semi-Finalist on any Show (collectively, the "Footage"). Sponsor and its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Footage and all elements embodied therein, including any names, likenesses and the performances embodied therein, in any and all media now known or hereafter devised throughout the world in perpetuity, for advertising, promotional, broadcasting, trade and other purposes without compensation, notification or permission from such Semi-Finalist. Sponsor will give Semi-Finalists further instructions and guidelines regarding their attendance and/or performance on the Show prior to such Show(s). CHALLENGE DETAILS:
PLEASE NOTE: Although judges may appear on the Show in Rounds I and II (as described below), their commentary will not be included as a factor in the judging process and only the valid votes received for each Round will count in determining which participants are advanced to each subsequent Round.
Round I: Eight (8) Semi-Finalists will each be given the opportunity to perform one (1) karaoke song on at least one (1) episode of the Show (exact date(s) to be determined by Sponsor). Following the completion of the Semi-Finalists' performances, audience members and viewers of the Show will have the opportunity to vote for the performance they thought was best by visiting the Website or calling a toll-free phone number (which will be shown on-air during the Show) (the "Toll-Free Number") at the designated times and dates, as further described below. Please see the voting terms below for more details. The three (3) Semi-Finalists who receive the most valid votes, as determined by Sponsor in its sole discretion, will be deemed the "Round I Finalists", subject to verification of eligibility and compliance with these Participation Terms, and will advance to Round II (as described below). In the event of a tie, the tied Semi-Finalists shall advance to the next round of voting. Sponsor reserves the right to advance fewer than three (3) Semi-Finalists to Round II if, in its sole discretion, any Semi-Finalist is not eligible and qualified.
Round II: The three (3) Round I Finalists will each be required to perform one (1) karaoke song on an episode of the Show following Round I (exact date to be determined by Sponsor). A Round I Finalist may not sing the same song he/she sang in his/her Submission. Sponsor shall have the right to pre-approve any song chosen for karaoke. Following the completion of all Round I Finalists’ performances, audience members and viewers of the Show will have the opportunity to vote for the performance they thought was best by visiting the Website or calling the Toll-Free Number at the designated times and dates, as further described below. Please see the voting terms below for more details. The Round I Finalist who receives the most valid votes, as determined by Sponsor in its sole discretion, will be deemed the "Winner" of the Challenge, subject to verification of eligibility and compliance with these Participation Terms. Such announcement will take place during a taping of the Show following Round II (exact date to be determined by Sponsor). Sponsor reserves the right not to select a Winner if, in its sole discretion, any Round I Finalist is not eligible and qualified.
VOTING TERMS (FOR ROUNDS I and II): If you are an audience member or a viewer of one of the designated Shows and a legal resident of the fifty (50) United States or District of Columbia who is at least thirteen (13) years of age, you can vote at the dates and times announced on the Shows (each, a "Voting Period") in one of two (2) ways:
(1) Online: Visit the Website during the date and time announced for the applicable Show and follow the directions provided to register and vote for the performance you think is best for that Show.
(2) Via Toll-Free Number: Call the Toll-Free Number and follow the directions provided to vote for the performance you think is best for that Show.
NOTE: You may only submit a vote for the corresponding Show episode on the day of the applicable Round; you may not vote for any individual after the day on which such Show episode has aired. You may not vote for any individual in any Round if the corresponding Show episode is a re-run. Limit 1 vote per email address per Voting Period. Votes received from email address in excess of the stated limitation for any Voting Period will be void. Participants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering awards or other inducements to members of the public, as determined by Sponsor in its sole discretion. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.
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.