Description:

In connection with Season XIII of American Idol® (“Series”), the Series producer (American Idol Productions, Inc., or “Producer”), FOX Broadcasting Company (“FOX”) and Facebook have partnered to bring you an unparalleled opportunity to be part of the Series!

During live performance and results shows of the Series, Producer may elect to feature profile pictures of individuals who voted for Series contestants via the SuperVote™ widget (available on americanidol.com, Facebook and the Series app) as part of an in-show visualization (“In-Show Visualization”).

To be considered for placement within an In-Show Visualization, you must be:
a)  physically residing in a U.S. state (including Alaska, Hawaii and District of Columbia); Puerto Rico and/or U.S. Virgin Islands;
b)  eighteen (18) years of age or older and the age of majority in your state of residence; and
c)  the authorized account holder of the valid and authenticated Facebook account associated with the profile picture.

If you do not already have a Facebook account, but wish to vote via the SuperVote™ and have your profile picture considered for In-Show Visualization, you must create a Facebook account according to the instructions on the Facebook site.

If Facebook profile pictures are used to demonstrate voters of a certain Series contestant, Producer will only associate your Facebook profile picture with Series contestants for whom you cast a vote.

There is no guarantee that your profile picture will appear in show as part of an In-Show Visualization. Producer reserves the right to select which profile pictures will appear in show at its sole and absolute discretion.

Producers may elect to create images and video of any In-Show Visualization featuring your Facebook profile picture and post that content on the official American Idol Facebook timeline and/or your Facebook timeline. Producers may also contact you to provide you with a digital image and/or video of any In-Show Visualization featuring your Facebook profile picture, provided nothing herein shall obligate Producers to provide you with such materials.


If you wish to have your Facebook profile picture considered for the In-Show Visualizations, you must opt-in and grant permission to use your Facebook profile picture when you submit your votes. Your permission will be valid from the time you vote through and including the end of the broadcast period of the next week's performance show (e.g., when you vote on a Wednesday, your permission is valid for that Wednesday's show through the end of the broadcast of the next Wednesday's show). For complete details regarding how to vote, visit http://www.americanidol.com/vote.

A few legal rules:
1) If you are not the only person that is featured in your Facebook profile picture, you must obtain the consent of all individuals featured in your picture. Producer may elect not to feature Facebook profile pictures featuring multiple individuals at its sole discretion.
2) You must be the sole owner of all rights associated with your profile picture. This means you own the picture, and it does not include any third party materials, logos, images, artwork, or otherwise.
3) Producer will not feature any profile picture that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive.

Producer will review and moderate all profile pictures before featuring as part of the In-Show Visualization.

By opting in for the opportunity to participate in the In-Show Visualization, you hereby grant Producer, FremantleMedia North America, Inc., 19 Management, 19 TV Limited, 19 Entertainment, Inc., CORE Media Group Inc., Fox Networks Group, Inc., Fox Broadcasting Company, and Twenty-First Century Fox (collectively, the “Producer Entities”) a gratis (i.e., free), non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit or change your Facebook profile picture in connection with the Series, together with any and all advertising, marketing and/or publicity of the Series, in any and all markets and media now known or hereinafter devised, worldwide and in perpetuity.

You hereby warrant that you have the absolute right to grant such rights to Producer Entities and that the Producer Entities' reproduction, publishing, displaying, and/or other use of your Facebook profile picture will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract.

The Producer Entities shall have no obligation to include your Facebook profile picture in the show or otherwise exploit your Facebook profile picture in connection with the Series and/or advertising, publicity and/or marketing thereof.

By opting in for the opportunity to participate in the In-Show Visualization, you hereby agree to (a) to release and hold harmless Producer Entities and their respective parents, subsidiaries, officers, directors, employees, and Series sponsors (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from your opting in for the opportunity to participate in the In-Show Visualization; (b) to indemnify Released Parties from any and all liability resulting or arising from the In-Show Visualizations and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the In-Show Visualization(s) and/or the Series.

ADDITIONAL TERMS: Producer reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated terms and conditions relating to Series voting and/or use of Super Vote™.

Infringement and Regulatory Complaints

Producer is committed to respecting the intellectual property rights of others. It will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing it to disclose the identity of anyone downloading or posting materials, or otherwise using this Site in violation of applicable laws. If you believe that your proprietary rights, including copyright, have been infringed by any content posted in connection with the In-Show Visualization, please follow the procedure set out below:

When notifying Producer of any claimed infringement, you must provide the following information:
1. a physical or electronic signature of a person authorized to act on behalf of the copyright owner whose work you claim has been infringed;
2. a description of the work you claim has been infringed;
3. a description of the work you claim to be infringing as well as information reasonably sufficient to permit us to locate the material;
4. your address, telephone number, and, if available, your e-mail address;
5. a statement of your good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, their agent, or the law; and
6. a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such notices should be sent to the FMNA Privacy Officer at privacy.officer@fremantlemedia.com

Privacy

By opting in for the opportunity to participate in the In-Show Visualizations, you agree that all information collected is governed by the Privacy Policy located at http://www.americanidol.com/legal/privacypolicy and may be used for all permissible purposes set forth therein.

Governing Law; Venue.
This Agreement shall be construed in accordance with the laws of the State of California applicable to contracts made and fully to be performed therein. All actions, proceedings or litigation brought by either party against the other party shall be arbitrated by, and under the rules of, J.A.M.S./Endispute in binding arbitration in Los Angeles, California and before a mutually selected arbitrator.

For more information on AMERICAN IDOL, including voting Frequently Asked Questions please go to www.americanidol.com/faq

The In-Show Visualizations are in no way sponsored, endorsed or administered by Facebook.