OFFICIAL RULES: San Diego Idol Contest


SAN DIEGO IDOL CONTEST

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

The San Diego Idol Contest (“Contest”) begins on August 10, 2018 at 12:01 AM Pacific Time (“PT”) and ends on August 17, 2018 at 5:00 PM PT (“Promotion Period”). The time will be determined by Sponsor’s timekeeping systems. Sponsor will have the sole discretion in determining the timeliness of any action or inaction related to this Contest. All times mentioned in these Official Rules are Pacific Time unless expressly noted otherwise.

ELIGIBILITY REQUIREMENTS:

1.     By June 1, 2018 you must be 15 to 28 years old (which means you must be born on or between June 2, 1989 and June 1, 2003). If you were born before or after this window, you are not eligible to participate this season.

2.     You must be a legal U.S. resident with the unrestricted right to work in the United States throughout the entire competition portion of the American Idol (“the Program”) and through the term of any post-show agreements provided by producer or any of the other Program Entities (defined below).

3.     You must reside in California in one of the following counties: San Diego, Orange, Riverside, San Bernardino or Imperial. Void wherever prohibited by law and outside the listed counties.   

3.     You may not have been one of the top 10 contestants of season 1 (the 2018 season) of the Program on ABC.

4.     To accept an invitation to participate in the competition portion of the Program (currently scheduled to begin in January 2019), you must be able to demonstrate to the satisfaction of American Idol Productions, Inc. (“Producer”) that you do not have any contractual arrangement that would prohibit you from fully participating in the Program and/or entering into any contracts required by Producer, including, but not limited to, an exclusive recording contract, merchandising contract, a live and/or global touring agreement and an exclusive management contract (subject to paragraph 5 below).

5.  In the event that you already have a management contract prior to your first audition in front of the Program judges, the requirement to enter into a management contract shall not apply to you provided that you can demonstrate to the satisfaction of Producer and 19 Entertainment that such contract commenced prior to the date of your first audition in front of the Program judges. By accepting an invitation to be a participant, you must timely complete and return such participant agreements, releases and all exhibits, schedules and attachments thereto that will be furnished to you by Producer and/or 19 Entertainment.

6.     You must not currently be a candidate for public office and must agree not to become a candidate for public office until one (1) year after the initial exhibition of the final episode of the Program in which you appear (if selected to participate).

7.     You must accurately complete, sign and agree to all the terms and conditions in our required forms. Forms will be available athttps://www.10news.com/entertainment/contests.  If you are found to have given any false information, you will be automatically disqualified at any time during the Contest. If you are a minor, your parent or legal guardian also must complete, sign, and agree to all the required forms.

7.     Employees of Scripps Media, Inc. d/b/a KGTV ( “Sponsor”), and of its parents, affiliates, and subsidiaries, and of the advertising and promotion agencies, prize suppliers, and any other vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”) and the immediate family members (spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren) and/or those living in the same household of any of the foregoing individuals are not eligible.

8.         As of May 5, 2018 and continuing through the completion of the competition, neither you nor any of your immediate family members or members of your household (whether related or not), may be an employee, officer or director of: (a) NEG Operations Inc. and all majority owned subsidiaries (including, but not limited to, 19 Entertainment Limited, 19 Entertainment, Inc., 19 Touring LLC, 19 Recordings Limited and 19 TV Limited) (collectively, the “19 Companies”); (b) Producer; (c) American Broadcasting Companies, Inc. (“ABC”); (d) FremantleMedia North America, Inc. (“FremantleMedia”); (e) Telescope Inc.; (f) any of the foregoing entities’ respective parents, subsidiaries or affiliated companies; (g) any person or entity involved in the casting, auditions, development, production, distribution, or other exploitation of the Program or any variation thereof; (h) any known, major sponsor of the Program; or (i) any person or entity supplying services or prizes to the Program. The entities described in the preceding sentence will be referred to herein, individually and collectively, as the “Program Entities.”

By participating, contestants agree to be bound by the Official Rules and the decisions of Sponsor.

TO ENTER: During the Promotion Period, visit

https://www.10news.com/entertainment/contests and accurately complete the entry form. Contestants will also be required to submit a video of Contestant singing a capella (the “Video).   The Contestant’s Video must be in English and no more than :30 seconds in length. The entry form and Video are collectively referred to as the “Entry”.

Submitted Materials: Each Video must satisfy all of the following submission requirements (the “Submission Requirements”:

  • The Video must not portray any recognizable individual, other than the contestant.
  • Contestant must have the right to submit the Entry in the Contest and to provide the rights to Sponsor as set forth herein.
  • The Video must not portray any activity that is unsafe to contestant or others.
  • The Video must be non-defamatory and must not invade any third party’s right of privacy or publicity.
  • The Video must otherwise be appropriate for publication or broadcast or display on a general interest website.
  • The Entry must be compliant with the Terms of Use on the Contest website.

By submitting an Entry, each contestant represents and warrants that the Video meets all of the Submission Requirements and that the distribution, reproduction, display and any other uses of any part of the Entry by Sponsor as permitted herein will not infringe any third party rights. Each contestant further agrees to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such contestant of such warranties or representations made by contestant or of these Official Rules.

By submitting an Entry, contestant grants to Sponsor (and to those acting on its behalf) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the Video (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (i) in connection with Sponsor’s business; and (ii) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies.  Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such Video. Furthermore, contestant also grants other users permission to access the Video and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish the Video for personal, non-commercial use as permitted by the functionality of the Contest website and the Terms of Use on the Contest website.

If Sponsor determines, in its sole discretion and at any time during the Contest, that any Entry violates the Submission Requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these Official Rules, Sponsor reserves the right to remove and disqualify the Entry. Sponsor retains sole discretion as to whether any Entry satisfies the Submission Requirements and the Official Rules.

WINNER SELECTION: Ten winners will be selected by a panel of judges on or about August 20, 2018.  Judges will rate contestants based on their opinion of the contestant’s “Vocal Quality,” “Stage Presence” and “Star Quality” as reflected in the Videos, all of which will be weighed equally.  If there is a tie for the 10th position, the judges will choose among the tied entries based on review of all criteria. Decisions of Sponsor are final on all matters.

WINNER NOTIFICATION AND RELEASES: Winners will be announced on 8/20/2018 on KGTV-TV during 10News at 11:00 PM. Sponsor will also attempt to notify winners by phone. If a potential winner: (a) is not in compliance with these Official Rules, (b) does not meet the eligibility requirements, (c) declines the prize, (d) does not respond within 24 hours of initial notification attempt, or (e) does not sign and return required documents or provide required identification by deadlines established by Sponsor, he or she will be disqualified. Each winner may be required, in Sponsor’s sole discretion, to complete and return an Affidavit of Eligibility & Liability/Publicity Release and a scan or photo of legal ID before claiming the prize or being allowed to participate in any prize activities. If any of the potential winners is under the age of majority, then the parent or legal guardian of the minor potential winner must sign and return all required forms.

PRIZE(S): Ten (10) Winners will each receive a “Front of the Line” pass that allows the contestant to perform in front of the American Idol staff during the Bus Tour in San Diego at Tuna Harbor Park on August 25, 2018. Prize is subject to such winner’s compliance with the American Idol audition terms and conditions (available at www.americanidol.com), and, if requested, winner must accurately complete all documents provided by Producer, any of the other Program Entities or any other entity providing services to the Program. There is no cash value to the prize. If the audition does not occur for any reason or if winner is unable to unable or unwilling to attend the audition for any reason, no alternate prize will be awarded. Contestants are responsible for their own transportation. Prizes consist of only those items specifically listed as part of the prize. Sponsor reserves the right to substitute any prize with prize of equal or greater value in its sole discretion. No substitution or transfer/assignment of prize by winners permitted. Winner must pick up his or her prize at KGTV ABC10, 4600 Air Way, San Diego, CA 92102 M-F between 8:30AM – 3PM no later than Friday, August 24, 2018. All properly claimed prizes will be awarded, but in no event will Sponsor award more prizes than are provided for in the Official Rules.

 

Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.

PUBLICITY AND MARKETING: Participation in the San Diego Audition portion of the Contest constitutes permission to the Sponsor to use contestant’s name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law..

LIABILITY RELEASE & INDEMNIFICATION: By entering this Contest, contestants agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, Program Entities, and their respective parents, affiliates, and subsidiaries and all of their directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, contestant’s participation in this Contest or any Contest-related activities (including, without limitation, any event attended as part of a prize) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the contestant in connection with the Contest; any non-compliance by the contestant with these Official Rules; claims brought by persons or entities other than the parties to these Official Rules arising from or related to the contestant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.

OTHER TERMS: Sponsor not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the administration of the Contest, whether caused by computer, technical or human error. Sponsor is not responsible for late, lost, damaged, incomplete, illegible, faulty, or incorrect transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind, any damage to any person’s computer related to or resulting from participating in the online portion of the promotion, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in the Contest whether caused by computer, technical or human error. Sponsor reserves the right to terminate or modify the Contest or any portion of it for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest; or if a computer virus, bug, wireless failure, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. If Sponsor terminates the Contest, Sponsor will determine the winners by applying the criteria set forth above to all eligible, non-suspect entries received as of the termination date and will post notice of its action on the Contest website. Sponsor reserves the right to disqualify, freeze or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. Sponsor reserves the right to disqualify any individual from further participation in the Contest if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Contest; (b) has disregarded or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Contest; or (d) has acted toward Sponsor, any Sponsor Affiliates, or any other contestant in an unfair, inequitable, annoying, threatening, disrupting or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of the Official Rules and any marketing or entry materials used in connection with the Contest, the terms of these Official Rules will govern.

GOVERNING LAW & JURISDICTION: EXCEPT WHERE PROHIBITED, CONTESTANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST, OR PRIZES AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY CONTESTANT WITH REGARD TO THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of contestants and Sponsor in connection with the Contest will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The state and federal courts located in Hamilton County, Ohio will be the exclusive forum for any dispute relating to these Official Rules and/or this Contest. All participants and winners agree, by their participation in the Contest, to submit to the personal jurisdiction of the state and federal courts in Hamilton County, Ohio and waive the right to contest jurisdiction.

SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

WINNERS LIST: For the winner name(s), available after September 1, 2018, send a self-addressed, stamped envelope to: San Diego Idol Audition Winners List, 4600 Air Way, San Diego, CA 92102 to be received by November 1, 2018.

SPONSORS: Scripps Media, Inc. d/b/a KGTV ABC10, 4600 Air Way, San Diego, CA 92102.

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