Universal Television, LLC (“COMPANY”) located at 100 Universal City Plaza, Universal City, California 91608, and Citibank, N.A. (“PRESENTER”) invite you to join in the fun with THE KELLY CLARKSON SHOW (the “Program”) by giving you the opportunity to submit a video of yourself singing a virtual duet with Kelly Clarkson (the “Submission”) through a physical activation in any one or more of the following cities: New York, New York; Chicago, Illinois; Dallas, Texas; and/or Los Angeles, California or on your personal TikTok account(s) (“TikTok”)“ using the hashtag #KellyokeSearch”. Your Submission should be original and use the video footage provided to you by COMPANY at the physical activations or on TikTok. If you are under the age of eighteen (18) years old, you must obtain permission from your parent or legal guardian before submitting your Submission.You must have the permission of any person who appears in your Submission or who you identify in your Submission. If your submission includes any minors, you must be the parent or legal guardian of any minor who appears in your Submission.
a. Your Submission must not contain or reference any brand names, products or services of any company or any third party trademarks, copyrights, logos, trade dress or promotion of any brand, product or service.
b. Your Submission must not contain any personal information (e.g., your name, e-mail address or phone number); if Submission contains personal information, it is your sole responsibility to remove all such personal information before posting it on any social media platform, including TikTok.
c. Your Submission must not contain content, images or other material that is misleading, indecent, offensive, sexually explicit, tortious, disparaging, defamatory, slanderous, or libelous, or depicts an unsafe practice.
d. Your Submission must not contain content, images, or other material that reflect, advocate, or promote bigotry, racism, hatred, harm, or exploitation of or against any class, group or individual, discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
e. Your Submission must not contain content, images, or other material that is in violation of any applicable federal or state laws or regulations.
f. Your Submission must be submitted in compliance with the format and other terms and conditions set forth in the terms and conditions at each physical activation site and TikTok; such requirements being made a part of these Submission Terms and incorporated herein by reference.
By submitting your Submission, you hereby agree to the following terms and conditions. Further, if you post or share your Submission on any social media platform (e.g., Facebook, Twitter, Instagram), then the following terms and conditions also apply.
Your Submission may be broadcast on-air, on the Program’s website located at https://www.kellyclarksonshow.com/ (the “Website”), on the Program’s social accounts including, but not limited to, Facebook, Twitter, Instagram, TikTok, on location at the physical activation settings and in advertising for the physical activation and TikTok submissions and the Program on-air and off-air and on the Website and PRESENTER’S website located at https://www.citi.com/ and PRESENTER’S bank branches (together, the “Materials”), and you grant COMPANY and PRESENTER, their licensees, successors and assigns the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Submission and to incorporate your Submission in the Materials and any other works in any and all markets and media now known or hereafter devised, throughout the world in perpetuity, without additional notification, permission, approval, or compensation.
You warrant that you have the sole and exclusive right to grant such rights to COMPANY and PRESENTER, their licensees, successors and assigns and that the reproduction, publishing, displaying, and/or other use of your Submission by COMPANY and PRESENTER, its licensees, successors and assigns will not infringe on any rights of third parties, including, without limitation, copyright, trademark, patent, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.
By submitting your Submission, you consent to the recording, airing, use and reuse by COMPANY and PRESENTER, their licensees, successors and assigns, of your TikTok username, your voice (singing and speaking), actions, likeness, name, appearance, profile photographs, performance, biographical material, any and all footage, recordings (including all information captured in such recordings), tapes, filmed or photographed, or other materials reflected in such recordings, materials supplied or shared by you, and any other identifying information, including, without limitation, any information contained in your Submission or TikTok profile and/or if you share or post your Submission on any other social media platform, such applicable social media profile, as used, edited, altered, fictionalized or modified by COMPANY, its licensees, successors and assigns, and PRESENTER, in its/their sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with COMPANY, PRESENTER, or related sites or services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity for COMPANY and for PRESENTER.
You acknowledge and agree that COMPANY, its licensees, successors and assigns, and PRESENTER will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission or the Materials. Nothing in these Submission Terms obligates or may be deemed to obligate COMPANY or any other person or entity to exercise any of the rights granted by you under these Submission Terms. COMPANY, its successors, licensees and assigns, and PRESENTER will have the unlimited right to assign these Submission Terms and the rights granted by you under these Submission Terms at any time, in whole or in part, to any party. You agree that COMPANY, its licensees, successors and/or assigns, and PRESENTER shall have no obligation to give you credit for your Submission, but in their sole discretion may elect to do so.
Your Submission will not be acknowledged or returned. You acknowledge and agree that you are sending your Submission voluntarily, and not in confidence, and that no confidential relationship is intended or created between COMPANY and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of your Submission.
You understand that there will be no payment or prize for your Submission or the use of your Submission. You understand that if you choose to participate at a physical activation location that you are responsible for your own travel and lodging. You understand that no industry custom or practice applies to your agreement and that you will not be paid or given any prize for your Submission. You understand that if your Submission is selected for use, such use will not be considered an employment opportunity. If you do not want your Submission to be used and broadcast by COMPANY, its licensees, successors and assigns, and PRESENTER, then please do not participate.
You understand that if you choose to participate at a physical activation location that you must comply with all rules and regulations with respect to taping and all security and safety rules, including any Covid-19 mask mandates and vaccination status and/or testing requirements.