KARAOKE CONTEST No Purchase Required. 1. Participation Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Eligibility This KARAOKE CONTEST (the “Contest”) is open only to entrants who, at the time of entry, are a legal resident of the United States of America, or Canada (excluding the Province of Quebec) and are of the legal age of majority applicable in the State or Province in which they reside. Only personal participants can enter the Contest; commercial enterprises and business entities are not eligible. Directors, officers, employees, contractors, and agents of Stingray Music USA Inc., and of its parent companies, subsidiaries, affiliates, resellers, advertising or promotional agencies and members of their immediate families (spouse, parents, siblings and children) are not eligible. 3. Sponsor The Sponsor of the Contest (the “Sponsor”) is Stingray Music USA Inc., 2127 Ayrsley Town Boulevard, Suite 202, Charlotte, North Carolina, U.S.A. 28273. All questions regarding this Contest should be directed by email to contests@thekaraokechannel.com. 4. Contest Period. The Contest shall run from 10:00 a.m. EDT on September 16th, 2009 to 10:00 a.m. EDT on September 28th, 2009, (the “Contest Period”). Audio and video recordings of the Contest Song recorded during the Contest Period only will be eligible. Sponsor’s server is the official time-keeping device of the Contest. 5. How to Enter : You must be a member of The KARAOKE Channel ONLINE in order to participate in the Contest. To enter the Contest, please follow the following steps: a. Visit the Contest Page at www.thekaraokechannel.com/contests/200909LadyGaGa.html and click ENTER CONTEST (by clicking ENTER CONTEST, entrants agree to these Official Rules); b. Sign up or log in to www.thekaraokechannel.com/online (any Membership account type is eligible to enter: Free, Promotion, or Star); c. Record an audio or webcam video recording of Poker Face (Contest) in the style of Lady GaGa (the "Contest Song") in its entirety. Both audio and video recordings of the Contest Song recorded during the Contest Period are eligible. The audio or video recording must be complete and contain a performance of the lyrics as they are displayed in the Player to be eligible for participation in the Contest; d. Share the audio or video recording by selecting Shareable on your Recordings list or on the Edit Recording tab in the Player tools. The audio or video recording must be shared (public) in order to be eligible for participation in the Contest and must remain shared (public) for three (3) months following the Contest Period. Audio and video recordings featuring other singers or performers in addition to the account holder are permitted, however the authorized account holder of the email address associated with the account in which the Contest Song was recorded will be deemed to be the entrant, and entrant must be able to provide releases from all persons featured on the audio or video recording upon request from the Sponsor. The “authorized account holder” is deemed the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof that they are the authorized account holder or the entrant. In the case where the entrant has recorded and shared multiple versions of the Contest Song within the Contest Period, only the most recent audio or video recording will be considered for judging. 6. Terms and Conditions. The KARAOKE Channel ONLINE’s Terms & Conditions continue to apply in addition to these Official Rules, including, without limitation, the Rules of Conduct provided in Section 14, the intellectual property provisions of Sections 13 and 19, and the disclaimers and limitations of liability provided in Sections 29 and 31. 7. Disqualification. Sponsor reserves the right to disqualify any entrant that does not comply with The KARAOKE Channel ONLINE’s Terms & Conditions or these Official Rules, or any entrant that it finds to be tampering with Sponsor’s website, the entry process or the operation of the Contest or to be acting in an unsportsmanlike or disruptive manner. 8. Content Restrictions. Audio and video recordings of the Contest Song must not contain any content that, in the sole judgment of the Sponsor, is illegal, vulgar, obscene, threatening, violent, discriminatory, defamatory, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or which may expose the Sponsor to any harm or liability of any type. The Sponsor reserves the right to delete, remove or edit any content, at any time in its sole discretion without liability and without notice. 9. Judging. The Sponsor’s judges will evaluate the eligible video recordings of the Contest Song and within seven (7) days following the Contest Period will award prizes as described herein, based on singing ability and overall performance. The Sponsor’s decisions shall be final and binding. 10. Verification of Potential Winners. To win a prize, the potential winner must continue to comply with these Official Rules and to the Terms & Conditions of The KARAOKE Channel ONLINE. The potential winner will be notified by email sent to the email address associated with their account at The KARAOKE Channel ONLINE within ten (10) days following the Contest Period. In order to claim a prize, the potential winner will be required to return to Sponsor by return email, their legal name, age, shipping address, telephone number, their compliance of these Official Rules and a confirmation of Eligibility/Liability & Publicity Release (“Confirmation Email”) within seven (7) days of being notified or after an attempt to notify has been sent. If a potential winner cannot be contacted, or fails to sign and return Confirmation Email within the specified time period, the potential winner is disqualified and forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner selected from all remaining eligible video recording entries of the Contest Song. 11. Prizes. At the sole discretion of the Sponsor’s judges, the following prizes will be awarded: a. One (1) One Year Star Membership at The KARAOKE Channel ONLINE, one (1) Karaoke Kit, one (1) T-Shirt and one (1) Cap (having an approximate retail value of $135.00 US) to be awarded to one (1) winner; b. One (1) Karaoke Kit and one (1) T-Shirt (having an approximate retail value of $60.00 US) to be awarded to one (1) winner; c. One (1) T-Shirt and one (1) Cap (having an approximate retail value of $35.00 US) to be awarded to five (5) winners. 12. Limitation of Prizes. No cash or other substitution is permitted, except as provided herein at the Sponsor’s sole discretion. Prize is nontransferable, unless otherwise specifically approved by Sponsor in writing. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. The color and exact specifications of prizes will be determined by Sponsor in its sole and absolute discretion. Except as specifically included in the prize description, the winner is solely responsible for all applicable taxes, fees and surcharges associated with prize receipt and/or use. 13. Cancellation. The Sponsor may suspend or cancel the Contest at any time, without notice, for any reason at its sole discretion. In such event, Sponsor reserves the right to award the prize from among the eligible video recording entries received up to the time of the termination. 14. Release. By participating in the Contest and/or the receipt of any Contest prize, entrants agree to release, indemnify, defend and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, cause of action, loss, damage, or expense (“Claim”), including, but not limited to, personal injury, death, or damage to or loss of property, arising out or in connection with any third party Claim resulting from (i) the entrant’s participation in the Contest, or the receipt or use or misuse of any Contest prize or the entrant’s participation in any Contest-related activity, and (ii) a breach of any of entrant’s representations, warranties or obligations herein. The entrant also agrees to release the Released Parties from any claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. 15. Publicity. By participating in the Contest and sharing a video recording, each entrant automatically grants to Sponsor an exclusive, royalty free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, link to, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, exhibit, broadcast and distribute this video recording, or any portion thereof, in any media, whether now known or hereafter devised, including, when applicable, (i) his or her name, (ii) his or her photograph, (iii) the prize information, and (iv) the biographical information in connection with the Contest. 16. Warranty. Each entrant warrants and represents that (i) the video recording submitted to Sponsor is solely owned by entrant, except for the underlying music provided to entrant by Sponsor; (ii) any use by the Released Parties of such video recording for publicity, promotion and advertising purposes shall not infringe upon any intellectual property rights or any other rights of any third party. 17. Disclaimer and Limitation of Liability. Each entrant agrees that the Released Parties are not responsible or liable for, and shall be held harmless from: a. lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic; b. any incorrect or inaccurate information, whether caused by entrants, printing errors or any of the equipment or programming associated with or utilized in the Contest; c. technical failures of any kind, including, but not limited to malfunctions, interruptions, traffic congestion or disconnections in phone or Internet lines or network hardware or software; d. unauthorized human intervention in any part of the entry process or the Contest; e. technical or human error which may occur in the administration of the Contest or the processing of video recording entries; f. any fraud, technical failures or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion; g. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize including any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in the Contest; or h. any claims based on publicity rights, defamation or invasion of privacy. 18. Privacy and Use of Contest Information. Any personal information received by Sponsor in connection with this Contest will be used solely in accordance with Sponsor’s privacy policy, which can be found at www.thekaraokechannel.com/privacy.html. Contact preferences may be changed by logging in to www.thekaraokechannel.com/online, clicking MY ACCOUNT, EMAIL NOTIFICATIONS and selecting or clearing the notification options. 19. Governing Law. These Official Rules and this Contest are governed by and controlled by the laws of the United States and the state of North Carolina, without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto shall be adjudicated in the state or federal courts of North Carolina, Mecklenburg County, and the parties consent to such venue and jurisdiction. 20. General Provisions. If any provision of these Official Rules is held by any court of competent jurisdiction to be illegal or unenforceable under applicable law, such provision shall be excluded from these Official Rules and the remaining provisions shall remain in full force and effect. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 21. Winner’s List. The winners will be listed online within thirty (30) days following the Contest Period. Individuals may request the names of the winners by emailing the Sponsor at contests@thekaraokechannel.com. Date : September 2nd, 2009 |