Rules & Restrictions
Apollo Theater Amateur Night: Making a Star Online Phase
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
- Eligibility: The Apollo Theater Amateur Night: Making a Star online Phase (the “Contest”) is open only to legal residents of the 50 United States (or the District of Columbia) who are 18 years of age or older, are not signed with a major label or studio (recording, TV, film). Employees and non-employee workers of Apollo Theater Foundation, Inc. (including current Amateur Night musicians), The Coca‑Cola Company, Coca‑Cola bottlers,., and their respective parents, subsidiaries, affiliates, and agents, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law.
- Sponsor: The Apollo Theater, 253 West 125th Street, New York, NY 10027
Administrator: Woobox.com Media Inc.
3. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to this Contest. Winning a position or a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins on July 11, 2016 at 11:00 a.m. Eastern Standard Time (“EST”) and ends on August 5, 2016 at 11:59 p.m. EST (the “Contest Period”). The Contest consists of 2 Entry Periods and several phases as outlined in the chart below:
|Phase||Start Date||End Date|
|Entry Period #1||July 11 at 11:00 a.m. EST||August 5 at 11:59 p.m. EST –Winners will be notified by email or phone by August 9, 2016.|
|Judging: Submissions||EP#1: August 6 at 12:00 a.m. EST
|August 8, 2016 at 12:00 p.m. EST|
September 21, 2016 at 7:30 p.m. EST
Sponsor’s computer is the official time-keeping device for this Contest.
- How to Enter:
To enter the Contest, complete the registration form online at http://www.ApolloMakingAStar.com (“the Contest Site”) with your name, email address, birth date and any required questions, and then follow the directions specified for the Contest in the Contest Summary during the Contest Period. You must register for a Woobox account or login with a valid Facebook account in order to participate in the Contest. You must then provide an entry (“Entry”) that fulfills the Contest Requirements (“Contest Requirements”), as specified in the Contest Summary, to be eligible to win a Prize. Entries that do not include all the required information and adhere to the Rules will be considered void. The Contest Facilitators are not responsible for lost, misdirected or incomplete Entries. The Organizer determines if an Entry meets the Contest Requirements and otherwise complies with the Rules.
During the Entry Period, upload a video with a vocal performance (a capella or with your own copy of music CD) (the “Submission”). The song must be in good taste and not include ANY offensive words or profanity. The single person who enters this Contest will be henceforth referred to as the entrant (“Entrant”).
Performing a Submission constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, transferable, assignable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Song/Submission in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Song/Submission or any portion thereof. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Submissions, which are disqualified in Sponsor’s sole discretion.
Terms of Submission: You may enter the Contest as many times as is specified in the Contest Summary. You may delete your Entry at anytime. By participating in the Contest you permit public voting in connection with your Entry.
Rights Granted by you: By entering this Contest, you agree that:
the Administrator, Organizer, and their respective licensees, successors and assigns will have the right to use all or a part of your Entry, your name and address (city and state/province/territory), and the names, likenesses, photographs, voices and images of all persons appearing in the Entry anywhere in the world and in perpetuity, for future advertising, trade, promotion and publicity in any manner and in any medium now known or hereafter devised throughout the world in perpetuity, without compensation and without notice to you and without consideration, review or approval from you; and
you agree that you will not now nor in the future be paid for your Entry or for granting the Administrator any of the rights set out in these Rules.
Your Representations and Warranties: By entering the Contest, you represent and warrant that:
your Entry, in its entirety, is an original work by you and you have not included third party content (such as writing, poetry, text, graphics, artwork, logos, photographs, likeness of any third party, musical recordings, clips of videos, television programs or motion pictures) in or in connection with your Entry without permission;
your Entry, the use thereof by the Contest Facilitators, or the exercise by the Organizer or Administrator of any of the rights granted by you under these Contest Rules, does not and will not infringe or violate any rights of any third party or entity, including, without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false light, misappropriation, confidentiality, or any contractual or other rights;
you have all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of the rights that you have granted to the Contest Facilitators under these Contest Rules;
all persons who were engaged by you to work on the Entry, who appear in the Entry in any manner, or have contributed to the Entry have:
given you their written consent to submit the Entry without claims for payment of any kind; and
provided written permission to include their name, likenesses, image or pictures in or with your Entry (or if a minor who is not your child, you must have the permission of their parent or legal guardian) and you may be asked by the Contest Facilitators to provide such permission in writing to the Contest Facilitators; and
- Finalist and Winner Determination:
Entry Period: Audiences will vote online with the top 10 highest scoring participants moving on to a final round. Qualified judges (Amateur Night Producers and a panel of judges) will determine the top 4 Finalists to perform at the Apollo Theater on September 21, 2016. These winners will be joined by the Essence Music Festival Grand Prize Winner to perform during the Making a Star edition of Amateur Night at the Apollo live on September 21, 2016.
For all Judging: A panel of qualified judges, determined by Sponsor in its sole discretion, will score all eligible Submissions based on the following criteria:
Contestants are selected at the sole discretion of judges/producers with much consideration given to performance technique, creativity, poise and stage presence, overall showmanship, entertainment value and appropriateness in relation to the Apollo, Amateur Night and Coca-Cola family-friendly brands.
In the event of a tie, the Entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, will be deemed the applicable opportunity winner. Sponsor reserves the right to select fewer than the stated number of opportunity winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
- Finalist and Winner Requirements: Each Finalist and the Grand Prize winner will be notified in writing or by phone before the applicable opportunity. Except where prohibited, each Finalist and the Grand Prize winner may be required to sign a waiver. A Producer/Employee of the Apollo Theater will contact the Grand Prize winner to discuss the details of the performance prior to travel. If he or she cannot travel on the dates specified by the Sponsor, the Grand Prize will be forfeited and he or she will be disqualified. The potential Grand Prize winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) which must be received by Administrator, within 48 hours of the date notice or attempted notice is sent, in order to claim the prize. If the potential Grand Prize winner cannot be contacted, does not consent to a routine confidential background check, fails to complete the Declaration, or Sponsor determines that the he or she is not an appropriate representative based on the results of the confidential background check, forfeits the prize, or does not comply with these Official Rules, he or she will be disqualified and if time permits, Sponsor may choose an alternate potential Grand Prize winner based on the scoring above.
- Winner Requirements: The potential Grand Prize winner will be announced no later than August 15, 2016.. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 11 below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
4 Grand Prizes (1 per winner)
A trip package for 2 to Harlem, NY to perform at Apollo Theater on 9/21/16. Trip package includes round trip, coach-class air transportation for winner and 1 guest from a major airport near winner’s home (determined by Sponsor in its sole discretion); round trip ground transportation between airport and hotel; 2 nights’ accommodations at Sponsor’s choice of hotel (single room, double occupancy); the opportunity to perform during Amateur Night at the Apollo Theater; hair, makeup, a coaching session with Amateur Night producers, a recording session and appearance in webisodes filmed by the Apollo; and travel agent services. Approximate Retail Value (“ARV”): $2,000. Travel must occur on the dates specified by the Sponsor in its sole discretion, or prize will be forfeited. All travelers must travel on same itinerary. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. If trip destination is less than 250 miles from the winner’s residence, winner will be provided $200 in spending money for driving expenses in lieu of air transportation. Sponsor is not responsible if any scheduled event is delayed, postponed or cancelled for any reason. All expenses, travel, and other costs not expressly stated in the package description above are the sole responsibility of winner. If winner chooses to bring a guest (instead of a team member), and winner’s guest is a minor (as determined by his/her state of residence), winner must be minor’s parent/legal guardian and must complete required paperwork on behalf of minor, as applicable. Travel companion must execute liability/publicity releases prior to issuance of prize documents. Restrictions, conditions and limitations may apply. The ARV of travel may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
For All Prizes: No substitution, exchange or transfer of prize by winner. Sponsor reserves the right to substitute any prize for one of equal or greater value. Each winner is responsible for all taxes and fees associated with prize receipt and/or use.
Prizes: The Organizer will provide the Prize(s) to be awarded for a particular Contest. No substitution of a Prize will be made unless the Organizer, in its sole discretion, determines otherwise. A Prize must be accepted as awarded, and the odds of winning are dependent upon the total number of eligible Entries received for the Contest Period. If, as a result of an error relating to the entry process, drawing or any other aspect of the Contest, there are more potential winners of Prizes than contemplated in these rules, there will be a random draw amongst all eligible Prize claimants after the Contest Closing Date (as set out in the Contest Summary) to award the correct number of Prizes.
Winner(s): The winner(s) (“Winner(s)”) of the Prize(s) will be selected, as specified in the Contest Summary, from all eligible Entries received. If you are selected as a Winner, you will be notified of the selection of your Entry by the phone or email address provided by you on the Registration Form. If you do not respond to the phone or email notification of your selection as a Winner within three (3) days, an alternate Winner will be selected to receive the Prize. All decisions of the Organizer in selecting the Winner (s) are final and binding on all Entrants in all matters relating to the Contest.
To Redeem Prize: Except where prohibited, a Winner (or his/her parent/legal guardian if the Winner is a minor in his/her jurisdiction of residence) shall be required to execute and return to the Organizer within ten (10) days of the date notice or attempted notice is sent, an Eligibility, Declaration of Compliance with the Rules and Liability & Publicity Release Form (“Declaration and Release Form”) in order to claim the Prize. To be officially declared a Winner, each selected Entrant must first correctly answer, without assistance of any kind, a mathematical skill-testing question. The skill-testing question, along with Declaration and Release Form, will be forwarded to each Winner by email. A Prize is personal to the Winner and is non-transferable. If a Winner cannot be contacted, or fails to execute and return the Release Form within the required time period (if applicable), or if the Prize is returned as undeliverable, the Winner forfeits the Prize. Acceptance of any Prize shall constitute and signify the Winner’s agreement and consent that the Contest Facilitators may use the Winner’s name, photo, city, state, likeness, Entry and Prize information in connection with the Contest, worldwide, including on the internet, without limitation and without further payment or consideration, except where prohibited by law. Each Winner (or his/her parent/guardian if the Winner is a minor) is responsible for all taxes and fees associated with receipt of the Prize.
Voting: Online voting begins and ends as stated in the Contest Summary (the “Voting Period”). Anyone who registers on the Contest Site can vote for their favorite Entry or the Entry that best meets the judging criteria during the Voting Period. The Contest Facilitators have the right, in their sole discretion, to maintain the integrity of the Contest, including the right to void votes, including, but not limited to, for the following reasons:
multiple votes from the same user from different IP addresses or from different email addresses; fraudulent entry votes (using a redirect link, a disguised link, a fraudulent link, etc.);
technical malfunction of servers or internet connection;
user(s) recanting their own votes;
technical or content upgrades that render votes incompatible or inconsistent; and
inappropriate conduct in promoting votes (spam, harassment, etc.).
General Conditions: The Contest Facilitators have the right to verify your eligibility and compliance with these Rules, and to disqualify you on the basis of its investigation.
You may not enter with multiple e-mail and/or street addresses, nor may you use any other device or artifice to submit more than one (1) Entry or vote. If you use fraudulent Entry methods, or otherwise attempt to participate with multiple e-mail and/or street addresses under multiple identities, or use any device or artifice to enter more than one (1) Entry, you will be disqualified. In the event of a dispute as to any Entry, the authorized account holder of the e-mail address used to enter will be deemed to be the person who made the Entry. For the purposes of these Rules, the authorized “account holder” is the natural person assigned an e-mail address by an internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Rules shall be construed to: (i) give any party the power to direct and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint undertaking; or (iii) allow you to create or assume any obligation on behalf of the Organizer.
By entering the Contest, you fully and unconditionally agree to and accept these Rules and the decisions of the Contest Facilitators and the members of the voting community, which are final and binding on all matters relating to this Contest.
Contest Facilitators reserve the right to cancel, modify or suspend the Contest at any time (subject to approval of any regulatory body having jurisdiction), if it is determined that the Contest cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or integrity of the Contest.
If the Contest is operated in Quebec, Canada, any decision to be made by Administrator may be subject to a ruling of the Régie des alcools des courses et des jeux du Québec.
You understand and agree that this Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, and any comments, questions or concerns regarding the Contest shall be directed to the Contest Facilitators and not to Facebook.
Liability Provisions: The Contest Facilitators are not responsible for human error, theft, destruction, or damage to Entries or other factors beyond its reasonable control.
You assume all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Entries. The Contest Facilitators make no warranty, representation or guarantee, express or implied, in connection with its ability to in any way enable, develop or market the idea set forth in your Entry.
The Contest Facilitators shall not be liable to a Winner or any other person for failure to supply the Prize or any part thereof, by reason of the Prize becoming for reasons beyond the reasonable control of the Contest Facilitators unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond the Organizer’s control.
The Organizer, Administrator and their employees, officers, directors, agents, contractors, representatives, affiliates, divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Facebook, Inc. (the “Released Parties”) shall not assume any responsibility whatsoever for any of the following: delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to, lost, interrupted or unavailable network, server, internet, or other connections; the availability, accessibility, technical failure or miscommunications of computer, satellite, telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture information whether caused by Site or Contest Site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest; errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or relating to the Contest; theft, loss, destruction or damage to an Entry in whole or in part; and other factors beyond their reasonable control. The Released Parties are not responsible for injury or damage to your or to any other person’s computer related to or resulting from participating in the Contest or downloading materials from or use of the Site or any Contest Site.
- Publicity: Except where prohibited, participation in the Contest constitutes entrant’s consent for the Sponsor and the Sponsor’s designees to use entrant’s name, likeness, city and state of residence for promotional purposes in any media without further consideration.
- General Conditions: If for any reason, the Contest is not capable of running as planned by reason of infection by virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Sponsor, may corrupt or affect the administration, operation, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest, and select the winners, from the entries received prior to the action taken or in other such manner as deemed fair and appropriate by Sponsor. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of this Contest may be in violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrant agrees to release, indemnify, and hold harmless the Apollo Theater Foundation, Inc. And its board of directors, The Coca‑Cola Company, Coca‑Cola bottlers, and their respective related companies, parents, subsidiaries, affiliates, and their respective agents and agencies, promotional partners, prize partners, and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or use of the prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) errors in the administration of the Contest or the processing of entries; (e) late, lost, or undeliverable mail; or (f) 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 (including due to violations of the Content Restrictions). Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Caution: any attempt by you to deliberately damage the site or any contest site or undermine the legitimate operation of the contest is a violation of applicable criminal and civil law. Should such an attempt be made, the organizer and administrator reserve the right to seek damages from any such person to the fullest extent of the law and to disqualify you from the contest.
Limitations of liability and release: by submitting an entry, you agree that the released parties will have no liability whatsoever for, and will be released and held harmless by you and your heirs, executors, representatives, successors and assigns for any claims, liabilities, or causes of action of any kind or nature for any injury, loss or damages of any kind, including direct, indirect, incidental, consequential or punitive damages to persons, including, without limitation, disability or death, and damage to property, due in whole or in part, arising directly or indirectly, now or in the future from the delivery, acceptance, use or misuse of the prize, any and all use as provided herein of your entry, or participation in this contest and/or any related contest. Without limiting the foregoing, everything on the site and any contest site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case such limitation or exclusion shall apply only to the extent permitted by the law in the relevant jurisdiction.
Choice of Law: These Rules shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the laws of Canada, as applicable herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes of action with the Contest Facilitators arising out of or connected with this Contest, other than the determination or validity of claims, shall be resolved individually, and exclusively by arbitration under the British Columbia International Commercial Arbitration Centre, in accordance with its rules, as amended from time to time. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased.
Disclaimer: This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc. Any comments or questions about the Contest should be addressed to the Contest Facilitators.
- Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest or its associated winner selection and/or notification (the “Contest Administration”) shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest and Contest Administration, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
- Winner List: For a winner list, visit apollotheater.org. The winner list will be posted after winner confirmation is complete.
ABBREVIATED RULES for TV and Radio
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. (OR D.C.), WHO ARE 18 YEARS OR OLDER,. See full rules for more details. VOID WHERE PROHIBITED. Enter before 8/5/16 at 11:59 p.m. For rules and complete details, visit apollomakingastar.com. Sponsor: The Apollo Theater.
ABBREVIATED RULES for Print
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. (OR D.C.), 18 YEARS OR OLDER. See full rules for more details. VOID WHERE PROHIBITED. Enter before 8/5/16 at 11:59 p.m. For Official Rules, prize descriptions, and complete details, visit apollomakingastar,com. Sponsor: The Apollo Theater, 253 West 125th Street, New York, NY 10027.
Abbreviated Rules for Online Ads – Banner
NO PURCHASE NECESSARY. Enter before 8/5/16 at 11:59 p.m. For rules and complete details, visit Apollomakingastar.com
Abbreviated Rules for Online Ads – Not a Banner
NO PURCHASE NECESSARY. Legal residents of the 50 U.S. (or D.C.), who are 18 years or older.. See full rules for more details. Enter before 8/5/16 at 11:5900 p.m. For rules and complete details, visit apollomakingastar.com. Void where prohibited.
For Essence Festival audition rules & restrictions click HERE