HBO “WHO’S ON YOUR BLACK LIST” CONTEST

NO PURCHASE NECESSARY

1) ELIGIBILITY: Open only to residents of the 50 United States and Washington D.C., who are 18 years of age or older as of 8/18/08, except that residents of Alabama and Nebraska must be 19 years or older, and residents of Mississippi must be 21 years or older. Employees of Home Box Office, Inc. (“Sponsor”) and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to be an entrant or the subject of a Video. Void where prohibited by law.

2) HERE’S HOW TO ENTER: To enter the HBO “Who’s On Your Black List” Contest (the “Contest”), beginning 3:00 PM ET on 8/18/08, visit www.whosonyourblacklist.com and follow the on-screen directions to log in and submit a video monologue of yourself, a relative, a friend, a co-worker, a neighbor or anyone who has an original story to tell about their experience being a black American (the “Video”). Entries must be received by 11:59AM ET on 10/15/08. VIDEO MUST NOT EXCEED 3 MINUTES IN LENGTH. The Video file must comply with the file format specifications indicated on Contest website. All entrants must be registered users of whosonyourblacklist.com (the “Site”). Entrant and the subject of his/her Video (i.e., the person appearing in video) (together sometimes referred to herein as “you”) must agree to these Official Rules; noncompliance with these Official Rules (as determined by Sponsor in its sole discretion) will result in disqualification. The subject of the Video must deem him/herself a black American and must be the only person appearing in the Video. By submitting a Video, you acknowledge that you have read and accept these Official Rules. Additionally, you agree that you have all rights, approvals and/or consents necessary to submit the Video on the terms provided in these Official Rules and your Video does not violate the rights of any other person or entity or any law.
IMPORTANT: Video must not infringe on the copyrights or trademarks of another party (e.g., must not include licensed music, graphics, logos, apparel, images, etc.) as determined by Sponsor. Any Video, which in the sole opinion of Sponsor, is deemed unsuitable for public presentation (e.g., contains personal information, defamation, nudity, gratuitous violence, inappropriate language, etc.) or is inconsistent with the theme or image of the Contest will result in disqualification. All entries must be in English. You may enter more than once; however, each entry must be accompanied by a unique Video. Decisions of Sponsor and its designated judges are final and binding in all respects.

3) DETERMINING THE GRAND PRIZE WINNERS: The 5 entries with the most combined points received in the Finalist Judging phase (as per Rule #4 below) and Online Voting phase (as per Rule #5 below) will be deemed Grand Prize winners, subject to the verification of eligibility. All points received will be totaled by D.L. Blair, Inc., an independent judging organization whose decisions are final. A maximum of 85 points can be awarded in the Finalist Judging phase and a maximum of 15 points can be awarded in the Online Voting phase. If at the conclusion of Finalist Judging and Online Voting, a tie needs to be broken, tied entries will be rejudged by Sponsor in accordance with the process outlined in Rule #4. Potential winners will be contacted by via email to request additional information required for prize fulfillment. For each correspondence sent to potential winners, the required information must be received by Sponsor within 5 days, failure to comply within this time period may result in disqualification. Sponsor assumes no responsibility for undeliverable emails resulting from any form of active or passive email filtering by a user’s internet service provider and/or email client or for insufficient space in user’s email account to receive email. Return of any email as undeliverable will result in disqualification and an alternate will be selected.

4) FINALIST JUDGING (85 points available): To determine the 20 Finalist entries: Judging will be based on originality and creativity (40%); inspirational quality (40%); and relevance to Contest theme (20%). In the event a tie needs to be broken, tied entries will be rejudged in accordance with the above criteria. Sponsor reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.

5) ONLINE VOTING (15 points available): NOTE: Voting is NOT the sole determining factor of determining Grand Prize winners; see Rule #3 for details. Beginning on or about 10/31/08, the 20 Finalist Videos selected per Rule #4 will be displayed on www.whosonyourblacklist.com for registered visitors to view and rate on a scale from one star (poor) to five stars (excellent). Each registered visitor will only be allowed to rate each Video once throughout the Online Voting phase. Ratings generated by script, macro or other automated means or with the intent to impair the integrity of the rating process, as determined by Sponsor in its sole discretion, will be void. The voting phase will end at 2:59PM ET on 11/14/08. The total number of stars received for each Video will be mathematically converted into a point value ranging from 0 (poor) to 15 (excellent) by calculating the ratio of the number of stars received for each Finalist to total number of stars cast for all Finalists.

6) TERMS OF SUBMISSION: By submitting a Video, entrant represents, warrants and agrees that entrant filmed the Video and has the express permission of the subject of the Video to grant the rights granted herein. By submitting Video, entrant also represents, warrants and agrees that entrant (and the subject of the Video, if applicable), are 18 years of age or older as of 8/18/08, except that residents of Alabama and Nebraska must be 19 years or older, and residents of Mississippi must be 21 years or older. Additionally, entrant (and his/her Video subject) must have all rights, approvals and/or consents necessary to submit the Video on the terms provided and you represent and warrant that your Video does not violate these Official Rules, or the rights of any other person or entity or any law. Videos must comply with all applicable federal, state and local laws, rules, and regulations including, but not limited to, those concerning copyright, plagiarism, trademark, defamation and invasion of privacy.
If a Video is selected as a Finalist Video, Sponsor may require the subject of such Finalist Video to submit to a background check. Such background check may include (but is not limited to) investigation of employment history, criminal or other arrest or conviction record, and any other factor deemed relevant by Sponsor to help ensure that his/her participation in the Contest will not, in Sponsor’s sole discretion, bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor. Upon Sponsor’s request, each such participant must sign waiver forms authorizing the release of personal and background information and, if a potential participant fails or refuses to sign and return such forms, the corresponding Video will not be considered further, and an alternate Finalist Video may be selected. Sponsor reserves the right to contact any person or entity, including any third party referenced or implicated in the Video, to obtain any releases Sponsor deems necessary, and you hereby release Sponsor from any and all claims, injuries and liabilities of any kind or nature arising out of or in connection with the foregoing.

7) OWNERSHIP OF VIDEO: By uploading Video, entrant (and his/her video subject) agree that all right, title and interest, including any copyrights (and renewals) to Videos shall be deemed a work-for-hire for Sponsor, owned exclusively by Sponsor and/or its affiliates or partners. Sponsor and its licensees, successors, assigns, affiliates and partners, including, without limitation, have the exclusive right (but not the obligation) to use, alter and/or edit any and all Videos in any manner including future advertising, promotion and publicity in any medium now known or hereafter devised throughout the world in perpetuity, without notice, approval or other consideration to you or any third party. Video must not be submitted to any other site or as an entry for any other contest or purpose. Videos cannot be reposted to the Site once they have been taken down by Sponsor without Sponsor's prior written approval.
ENTRANT AND THE SUBJECT OF THE VIDEO WILL NOT BE PAID FOR SUBMISSION or for granting any of these rights. Entrant (and his/her video subject) agree to waive all claims to and shall receive no royalties of any kind now or in the future from Sponsor and its respective affiliates, or and their respective licensees, successors and assigns for use of your Video on the Site or otherwise, and you represent, warrant and agree that no other party is entitled to claim royalties from the use of the Video as set forth in these Official Rules, and that the Video is not subject any collective bargaining agreements. Entrant (and his/her video subject) agree to indemnify, defend and hold harmless Sponsor and its respective parents, affiliates, subsidiaries, advertising and promotion agencies, licensees, successors and assigns and all of their respective officers, directors, agents and employees (collectively, “Released Parties”) from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred as a result of any Video submited or transmitted through the Site in violation of these terms or any rights granted herein.
Be aware that your Video may not be acknowledged and will not be received or held "in confidence" and your Video does not create a confidential, fiduciary or other special relationship between entrant (or his/her video subject) and Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns or place Sponsor or any of its respective affiliates, licensees, successors or assigns in a position that is any different from the position held by members of the general public with regard to elements of your Video. By uploading Video, entrant (and his/her video subject) acknowledge and agree that Sponsor or any of its respective affiliates or any of their respective licensees, successors or assigns may create their own materials and/or obtain many Videos under this Site and that such Videos may be similar or identical in theme, idea, plot, format or other respects to your Video and you waive any and all claims you may have had, may have, and/or may have in the future that any other Videos accepted, reviewed and/or used by the Site or Sponsor, any of its respective affiliates or any of their respective licensees, successors or assigns may be similar to your Video. Entrant (and his/her video subject) acknowledge and agree that neither Sponsor nor any of its licensees, successors or assigns has now, or shall have in the future, any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyright in and to your Video, and that Sponsor, and its respective licensees, successors or assigns are not responsible for the loss, deletion, failure to store or misdelivery of any Video submitted to or transmitted through the Site.

8) PRIZES AND APPROXIMATE RETAIL VALUE: (5) Grand Prizes are available – A 2-day/1-night trip to New York City for entrant and the subject of his/her winning Video (or an alternate guest if winner was the subject his/her own Video). The subject of the Video will have his/her portrait taken by famed photographer Timothy Greenfield-Sanders and will be interviewed on film by acclaimed journalist and film critic, Elvis Mitchell. Prize includes round-trip coach air transportation from gateway airport nearest winner’s home to an airport within the vicinity of New York City, standard hotel accommodations (1 room, double occupancy) (ARV $1,800). There is no retail value associated with portrait and interview portion of prize; Sponsor is not responsible if any of these activities become unavailable/postponed/cancelled for any reason, and in such circumstances only the remaining portions of the prize will be awarded If winner (or the subject of his/her Video) lives within close enough proximity to New York City such that air transportation is not required, Sponsor in it sole discretion may substitute the air travel portion of the prize with ground transportation. Actual value of prizes may vary based on winner’s residence and dates of travel. Dates of travel are subject to availability, change and Sponsor approval; certain travel restrictions and blackout dates may apply. Winner and guest must travel together on the same itinerary. Prize consists only of those items listed as the prize.

9) GENERAL RULES: All taxes are the sole responsibility of prize winners. All applicable federal, state and local laws and regulations apply. Except as otherwise provided herein, no substitution, cash equivalent or transfer of prize by winner permitted. Released Parties are not responsible for incomplete, lost, late, damaged, garbled, inaccurate, delayed, illegible or misdirected mail/e-mail, entries or videos or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof or for any other problems or errors of any kind, whether technical, computer, network, mechanical, typographical, printing, human or otherwise, including, without limitation, errors or problems which may occur in connection with the administration of the promotion, the processing or judging of entries, the tabulating of votes, the announcement of the prizes or in any promotion-related materials. Released Parties are not responsible for any damage to any participant’s computer system/software related to or resulting from participation or downloading any materials in this promotion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Any use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. Released Parties disclaim any liability for damage to any computer system resulting from participation in, or accessing or downloading or uploading information in connection with, this promotion, and Sponsor reserves the right, at its sole discretion, to modify, cancel, terminate or suspend the promotion should any virus, bug, technical failures, unauthorized human intervention or other causes corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion. In the event of any such cancellation, termination or suspension, a notice will be posted on the Site and, at Sponsor’s discretion, Finalists and/or winners (as applicable) will be determined from among all eligible, non-suspect entries received prior to the time of termination using the judging process outlined above. Potential Grand Prize winners and the subject of their Video (if applicable) must execute and return an Affidavit of Eligibility/Release of Liability and, unless prohibited by law, Publicity Release within 7 days of date of attempted notification. Noncompliance within this time period may result in disqualification and an alternate will be selected. Return of any prize/prize notification as undeliverable or noncompliance with these Official Rules will result in disqualification and an alternate will be selected. All travelers must possess required travel documents (e.g., photo I.D.) prior to departure. Any Sponsor approved changes to confirmed travel itinerary, made at winner's request, may result in rebooking fees which will be the sole responsibility of winner. Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value. Acceptance of prize constitutes permission to Sponsor and its respective designees, licensees and affiliates to use winner’s (and his/her video subject’s) name, city and state of residence, voice, likeness and interview for purposes of advertising and trade in any and all media now or hereafter devised worldwide in perpetuity, without further compensation, notification or permission, unless prohibited by law. By participating in this Contest, entrant (and his/her video subject) agrees to be bound by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters. By accepting prize, winner (and his/her video subject) agrees to hold Released Parties harmless against any and all claims and liability arising out of use of any prize (including any travel or activity related thereto). Entrant (and his/her video subject) assume all liability, and agree to release and hold harmless Released Parties, for any injury or damage caused, or claimed to be caused by participation in this Contest or use or redemption of any prize (including any travel or activity related thereto) or Released Parties’ use of any rights granted herein. Sponsor not responsible for typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor is Home Box Office, Inc., 1100 Avenue of the Americas, New York, NY 10036.

10) The names of the Grand Prize winners will be available upon completion of winner verification, for a minimum of two weeks, at www.whosonyourblacklist.com.

"The Black List: Volume One" premieres Monday, August 25 at 9PM/8C on HBO.